The question of whether the plaintiffs’ allegedly infringed lyrics were sufficiently original to be copyright-able was a fact-intensive issue that should not have been determined on the pleadings.…
Earlier this month, the Constitutional Tribunal of the Republic of Poland issued a long-awaited judgment on the assessment of constitutionality of Article 79(1)(3)(b) of the Copyright and Related…
Rembrandt has been dead for 350 years. He is still admired as one of the greatest painters of all time. No wonder then, that it would be a charming idea to revive Rembrandt. “Can the great…
The first part of this blogpost discussed the interpretation given to the right of phonogram producers under Article 2(c) of Directive 2001/29/EC (InfoSoc Directive) and Article 9(1)(b) of…
The Estonian Authors’ Society (EAÜ) sued Tallinn Concert Club OÜ and Worex Music OÜ, who jointly organised two public concerts but did not acquire licences for the public performance of copyrighted…
The Estonian Authors’ Society (EAÜ) sued Tallinn Concert Club OÜ and Worex Music OÜ, who had jointly organised a public concert without having a licence for the public performance of copyrighted…
On 17 May 2019 the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was officially published (DSM Directive). Article 17 (ex-Article 13) is one of its most…
Following the CJEU’s judgment of 12 September 2019, the German national related right in favour of press publishers established in 2013 is unenforceable for formal reasons. But a new related…
Whether the parties to an agreement had intended to transfer the copyrights as part of its overall transfer of intellectual property was a question of material fact that should not have been decided…
On 29 July the Court of Justice of the European Union (CJEU) finally rendered its long-awaited judgment in Case C-476/17, Pelham v Hütter and Schneider-Esleben., together with its judgments on…
