copyright – Page 3

Video: Symposium on the SAS v WPL case

Huťko just learned via blog of Institute of Law and Technology of Masaryk University that European Committee for Interoperable Systems published its symposium on the SAS v. WPL case. Video teaser is below, the mp3 of entire discussion is here. The Copyright Challenge to Europe’s Software Industry from ECIS on

Posted in CJEU, copyright, originality, SK

Newspaper articles not creative enough. An issue for the CJEU?

Kluwer Copyright blog just published my article about ECOPRESS v. STORIN, which denied copyright protection on newspaper articles (reported by IPKat here). In article, I outline the background of the case, give some comments on compatibility with last European cases and mention that our European Information Society Institute, is now preparing amicus curiae brief before

Posted in copyright, Court of Justice, EU, originality

European Originality Doctrine – Another Step Further?

Story of European originality concept seems to be evolving with every possible court case. For those who don´t know what I am talking about, a brief summary first. CJEU first in Infopaq C-5/08 expanded Union law concept of originality to the other works that photographs, databases and computer programs, which have their own directives. Later

Posted in copyright, Court of Justice, EU, InfoSocD, US

Functionality & Expression-Idea Dichotomy Under New European Doctrine of ´Work´

Some of readers might be aware of a pending copyright case Oracle v. Google in the United States. It looks like Oracle is trying to rely on copyright protection of the following subject matter (quoted from Groklaw): .. its “selection, arrangement and structure” of elements in the APIs described by the 37 API specifications ..

Posted in copyright, CR, injunctions, intellectual property

Messing Up With ‘Krteček’

Hutko
posted on November 1, 2011April 10, 2021
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Czech server Aktualne.cz reports that a toy producer, and exclusive licensee, who is producing various goods depicting main character from the Czech cartoon ‘The Mole’ (Krteček) (on the right) just won the case before Supreme Court of Czech republic (23 Cdo 2500/2010) initiated against a company which was selling the confusingly similar toys without any license from

Posted in copyright, Court of Justice, originality, three-step test

AG’s Opinion in Painer v Standard VerlagsGmbH

On 12th of April 2011, AG Trstenjak delivered her Opinion in Case C-145/10, Painer v Standard VerlagsGmbH et al., in which the Court of Justice has been asked to clarify several issues concerning copyright protection of portrait photos and their use in news reports (reported by IPKat here). AG advised following: 1. The notion of

Posted in copyright, CR

Abuse of Copyright Exception for Personal Use

Interesting news coming via Kluwer Copyright Blog by Tomáš Dobřichovský from Kříž & Bělina. Mr. Dobřichovský reports decision rendered by High Court in Prague (Vrchní soud v Praze) on 20th of April 2010. The defendant, the so-called “cooperative of CD co-owners” abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test

Posted in copyright, ECHR, EU, human rights

Article 10 of the ECHR and Copyright Law

Huťko would like to draw attention of his readers to one very interesting paper named “The Right to Receive Information Under Article 10 of the ECHR: An Investigation from a Copyright Perspective” written by Robin Elizabeth Herr, who is assistant professor at Copenhagen Business School. What is the work about? (quoted from abstract) The purpose

Posted in copyright, Court of Justice, DE

BGH referred UsedSoft case to Court of Justice

Huťko just learned that the first senate of Bundesgerichtshof already referred its questions to the Court of Justice of European Union in the UsedSoft case (I ZR 129/08 ). UsedSoft is very interesting copyright case that deals with the resale of downloaded software. Court of Justice was asked to clarify the legal uncertainty that exists

Posted in copyright, EU, SK

Every Thesis Defended in Slovakia will be Compulsory Published Online

In the end of the last year Slovak parliament passed (and President signed) so called anti-plagiarism amendment of the Act on Schools of Higher Education (hereinafter as “the Act”). This amendment basically legislates that each student of Slovak university have to give his consent (license) to have his thesis published online, otherwise he wont be