Category Archive: Copyright

TV Catchup – CJEU gives little air time to retransmission defence

By Alastair Mackichan The Court of Justice of the European Union has put to bed any doubt as to whether section 73 of the Copyright Designs and Patents Act (“CDPA”) is compatible with the EU Copyright Directive. Section 73 provides a defence against copyright infringement for operators of cable platforms in relation to the retransmission …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/03/tv-catchup-cjeu-gives-little-air-time-to-retransmission-defence/

UK: Search engines agree to demote pirate sites in search result listings

By John Wilks and Alastair Mackichan The UK Intellectual Property Office (the “IPO”) announced last month that Google and Bing have agreed to enter into a voluntary code of practice with the UK creative industries (represented by the British Phonographic Industry, the Motion Picture Association and the Alliance for Intellectual Property) (the “Code”). The “Code …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/03/uk-search-engines-agree-to-demote-pirate-sites-in-search-result-listings/

Filmspeler – Advocate General applies linking case law to Internet media players

By John Cloke, John Wilks and Alastair Mackichan Hot on the coattails of the CJEU’s ruling in GS Media (see here), the court’s Advocate General has come down hard on the seller of pre-configured media players which give access to pirated content over the Internet, in his advisory opinion in the Filmspeler case delivered last …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/12/filmspeler-advocate-general-applies-linking-case-law-to-internet-media-players/

China: Michael Jordan finally slam dunks his naming rights claim at the Supreme People’s Court

This is a very important decision because it sets a strong judicial precedent for foreign companies seeking to protect their intellectual property rights in China. On 8 December 2016, overturning the lower court decisions against Michael Jordan in a lengthy trademark dispute in China, the Chinese Supreme People’s Court rules that Jordan owns the legal …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/12/michael-jordan-finally-slam-dunks-his-naming-rights-claim/

Think before you link – CJEU confirms that linking to freely available but unauthorised content can infringe copyright

By Rahool Sarjua and John Cloke Following the string of cases on hyperlinking the CJEU has dealt with in recent years, the court has emphatically confirmed in its judgment in GS Media v Sanoma & Ors that hyperlinking to works that have been made available on the Internet without the authorisation of the copyright owner …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/09/think-before-you-link-cjeu-confirms-that-linking-to-freely-available-but-unauthorised-content-can-infringe-copyright/

Brexit and MSE: Post Brexit Trade Models – Norway (EEA)

By Petter Bjerke As part of our “Brexit and MSE” series, today we look at another possible model of a post -Brexit trading relationship between the UK and the EU based on the agreement between the EU and Norway – one of the territories in the European Economic Area. Share this

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/brexit-and-mse-post-brexit-trade-models-norway-eea/

Belgium: More freedom on the horizon

By Alexis Fierens and Kaat Van Delm A new exception to Belgian copyright legislation has been enacted. Until recently, it was technically possible for rights holders of a copyrighted work displayed publically in Belgium to ban reproductions of that work, or communications of that work to the public. Under the new exception, known as the …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/belgium-more-freedom-on-the-horizon/

German Federal Constitutional Court: Sampling can be protected by artistic freedom

The German Federal Constitutional Court (‘BVerfG’) has ruled in favor of a hip-hop artist who used a two-second sample of the song “Metall auf Metall” from the electro-pop band Kraftwerk. Share this

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/05/german-federal-constitutional-court-sampling-can-be-protected-by-artistic-freedom/

Germany: Liability of Internet Access Provider for copyright infringements

The German Federal Supreme Court (BGH, decision of 26 November 2015, I ZR 3/14 and I ZR 174/14) recently acknowledged the general liability of TK-companies which provide access to the internet (so-called Access Provider) according to the principles of “Stoererhaftung” (Breach of Duty of Care) and thus closed a gap in current copyright law and practice. …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/02/germany-liability-of-internet-access-provider-for-copyright-infringements/

ITALY – Pisa Internet Festival – the Future of Copyright

News from the Pisa Internet Festival. Copyright, Data Protection, Internet of Things, ICT and artificial intelligence… are joining together in Pisa this week-end. Share this

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2015/10/italy-pisa-internet-festival-the-future-of-copyright/

Older posts «