Tag Archive: copyright

Filing of a literary work in court proceedings constitutes a breach of the Swedish Copyright Act

The Swedish Patent and Market Court of Appeal have ruled that the act of electronically submitting a short novel to the court as evidence in a court case constitutes an unlawful reproduction of the work and in breach with the Swedish Copyright Act. However, the filing of the work was not considered as a communication …

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Permanent link to this article: https://blogs.dlapiper.com/mediaandsport/2018/02/filing-of-a-literary-work-in-court-proceedings-constitutes-a-breach-of-the-swedish-copyright-act/

SCOTUS invites Solicitor General’s position on copyright registration pre-suit requirement

By Tamar Duvdevani and Matthew Ganas (with contributions from Michael Varrige) The Copyright Act (the “Act”) permits copyright holders to bring civil infringement actions in federal district courts to enforce the exclusive rights provided under the Act, namely, the rights to reproduce, distribute, display, publicly perform, and create derivatives of an original work of authorship.  …

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Permanent link to this article: https://blogs.dlapiper.com/mediaandsport/2018/02/scotus-invites-solicitor-generals-position-on-copyright-registration-pre-suit-requirement/

Can a TV show format acquire copyright protection?

By Patrick Mitchell and Will Thorman Many years ago the Courts determined that there was no copyright in the format for the “Opportunity Knocks” game show (see Green v New Zealand Broadcasting Corporation [1989] 2 All ER 1056) and since then several other claims to copyright in TV formats have failed when considered under English …

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Permanent link to this article: https://blogs.dlapiper.com/mediaandsport/2017/11/can-a-tv-show-format-acquire-copyright-protection/

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 …

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Permanent link to this article: https://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 …

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Permanent link to this article: https://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 …

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Permanent link to this article: https://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 …

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

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. …

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

China – Register Your Trademarks in Chinese Now: Lessons from Michael Jordan’s Defeat in Trademarks Combat against Qiaodan Sports

After two decades on the basketball court, Michael Jordan, one the greatest basketball players of all time, is currently learning the rules of defence and offence in a different game: the Chinese legal system.  Qiaodan Sports Company Limited (“Qiaodan Sports“), a Chinese sportswear company, are throwing their legal dispute with him back into his court.  …

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Permanent link to this article: https://blogs.dlapiper.com/mediaandsport/2015/09/china-register-your-trademarks-in-chinese-now-lessons-from-michael-jordans-defeat-in-trademarks-combat-against-qiaodan-sports/

EUROPE – New Consultation on the EU Satellite and Cable Directive!

The European Commission launched yesterday a consultation on the Satellite and Cable Directive with a view to further promote cross border access to broadcasting and related online services. The Satellite and Cable Directive (Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission) …

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Permanent link to this article: https://blogs.dlapiper.com/mediaandsport/2015/08/europe-new-consultation-on-the-eu-satellite-and-cable-directive/

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