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Adrien Alberini , Joëlle Becker , Vincent Pfammatter  (Sigma Legal)
Copyright 4.0: a global perspective (and many takeaways) - IP Conference held at the University of Geneva on February 22, 2017 – Part 1
April 05, 2017

From the Celestial Jukebox to AI. We have now reached the “Celestial Jukebox” predicted by Prof. Goldstein,[1] and have even gone well beyond with the rise of Machine Learning and Artificial…

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Gianluca Campus  (University of Milan)
Private copying levy in Italy: potential impact of the CJEU ruling in case C110/15 and Italian Council of State decision
April 03, 2017

1. Introduction As reported previously on the Kluwer Copyright Blog, on 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 (Microsoft Mobile Sales…

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Elise Vasamae  (Palladium Attorneys at Law)
Estonian Authors’ Society vs. City of Tartu (“Miina Härma Gymnasium” case): An interesting Estonian court case about public performance of works in a school concert
March 28, 2017

  The Estonian court recently examined the conditions under which the public performance of works at a school concert falls within the free use exception. The Estonian Authors’ Society (an…

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Christina Angelopoulos  (CIPIL, University of Cambridge)
AG Szpunar in Stichting Brein v Ziggo: An Indirect Harmonisation of Indirect Liability
March 23, 2017

On 8 February Advocate General Szpunar handed down his Opinion on Stichting Brein v Ziggo. The case is significant, as it represents the first time that the liability of an internet intermediary for…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Flo & Eddie, Inc. v. Pandora Media, Inc, United States Court of Appeals, Ninth Circuit, No. 15-55287, 15 March 2017
March 22, 2017

The California Supreme Court has been asked by the U.S. Court of Appeals in San Francisco to provide guidance on the question of whether California statutory or common law grants owners of pre-1972…

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Boris Malakhov  (Lidings)
Russia: the IP Court has clarified that the use of a “plot generating object” in a movie may constitute copyright infringement
March 21, 2017

In mid-February, the Russian Intellectual Property Court issued an interesting decision, in which it indicated when filmmakers have to obtain a copyright owner’s consent for use of a movie prop.…

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Pierre Heuze  (University of Geneva)
Switzerland: Closing of a terrace, Federal Supreme Court of Switzerland, 1st Civil Law Chamber, ATF 142 III 387, 19 April 2016
March 18, 2017

A full report of this case has been published on Kluwer IP Law. The Supreme Court held that in order to decide whether there has been an infringement of the personality rights of an architect by…

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Theo Savvides  (Bristows LLP) , Tim Heaps  (Bristows)
UK defence to unauthorised retransmission of broadcasts ruled incompatible with EU law.
March 17, 2017

The CJEU has handed down a decision which is likely to land a fatal blow to the online streaming service TVCatchUp in their long running saga with free-to-air broadcasters. Background As we reported…

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Tatiana Synodinou  (University of Cyprus)
The broadcasters’ related right of communication to the public: vintage, but still captivating
March 06, 2017

The right of communication to the public has proved to be one of the most intriguing concepts of EU copyright law. The CJEU has had to decide on its scope of application in a variety of cases both in…

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Miquel Montañá  (Clifford Chance)
The CJEU decides that punitive damages are not contrary to Directive 2004/48
March 02, 2017

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