copyright – Page 2

Posted in CJEU, communication to the public, copyright, linking

Is Linking to Copyrighted Works Communication to the Public? CJEU is asked

Two decades old debate of internet law now reached the Court of Justice of EU. UK IPO reports new preliminary reference Svensson e.a. C-466/12. 1. If anyone other than the holder of copyright in a certain work supplies a clickable link to the work on his website, does that constitute communication to the public within

Posted in CJEU, conflicts of laws, copyright, trade marks, unfair comptetition

Some Exciting CJEU References

Today somewhat more copyright oriented post. It seems that interesting references for preliminary rulings before the Court of Justice of EU are definitely not on the decrease. Except for the older pending ones, which I list here, consider this fantastic set of cases. Copyright limitations, such as private copying exemption and library use exemption, but

How frequent is IP litigation in Slovakia?

EISi, an non-university academic research center for IP & IT, is now working on the complex proposal that aims at improving IP specialization of Slovak judges. Obviously, when considering the impact of the proposed changes, we also had to have a look at the number of litigated cases before Slovak courts. Huťko is glad to

Posted in CJEU, conflicts of laws, copyright, international private law

CJEU: Pinckney Case Questions

As Kluwer Copyright blog already reported on the beginning of this month, French Cour de cassation filed several very interesting questions before the Court of Justice of EU in preliminary reference Pinckney C-170/12. UK IPO yesterday send to its subscribers this very helpful information, that also include complete version of the preliminary questions. BackgroundThe applicant

Posted in CJEU, computer programs, copyright, originality, reverse engineering

CJEU Decided in SAS v. WPL

This morning, CJEU rendered very important decision in SAS v. WPL C-406/10. It deals with following issues: Is functionality of a computer program and the programming language used in a computer program protected as a computer program? Is it possible to contractually restrict the reverse engineering? How to asses the copyright protection of the user

Posted in Auskunftsanspruch, CJEU, copyright, enforcement, personal data, privacy

CJEU: Bonnier Audio – Quite Disappointment

CJEU today rendered its highly awaited decision in Bonnier Audio C-164/10. Author of these lines is however *very very* disappointed by the outcome. It seems to me that the Court of Justice of European Union, does not realize its ‘constitutional role’ for the member states. The entire decision is pretty much just excerpts from the

Posted in copyright, events, Free Software

Budapest: Use of FLA outside of the Free Software Communities?

Next week, I will be having presentation “Use of FLA outside of the Free Software Communities?” at workshop “V 4 paradigm shift in copyright” in Budapest (see details). The talk will discuss following: The copyright law sometimes gives authors more rights than they actually want. Certain communities overcome this problem by developing standard legal documents

Posted in CJEU, copyright, EU, originality

Football Dataco: Single European Originality

The Court of Justice of European Union today handed down its very important decision in the Football Dataco C-604/10. Before this decision, I was still doubting whether originality under Art. 2(a) Information Society Directive is the same as one under computer programs directive, database directive and term directive (see my posts here, here, here and

Posted in CJEU, collective societies, copyright, CR, EU, free movement

Collective Societies & Free Movement – A New Preliminary Reference to CJEU?

In November 2011, the Czech Constitutional Court, in its ruling II. ÚS 1658/11, canceled decision of the City Court in Prague and referred it back (due to breach of a right to statutory judge), arguing that the court failed to ask the Court of Justice of European Union on issue of whether Czech Copyright Act,

Posted in CJEU, copyright, three-step test

CJEU: Does The Three Step Test Matter?

Huťko almost missed the publication of Infopaq II. C-302/10 decision. On 17th of January, CJEU pronounced its awaited decision on ´temporary and transient reproductions´, monitoring agencies and most importantly the role of the Union three step test. So what CJEU said? Question 7 relating to the condition that the acts of reproduction must neither conflict