copyright

Directive on copyright in the digital single market

The revised proposal for the new Directive on copyright in the Digital Single Market (the “Directive”) has entered its final round of trilogue negotiations (closed door negotiations between the European Parliament, the European Commission and the European Council). The Directive is intended to reform and modernise the EU’s outdated legislation in order to make copyright rules fit for the digital age. The final form of the Directive was agreed last Wednesday.

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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 to the public or that the work was otherwise distributed to the public. A parent had submitted a private novel/letter …

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

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.  However, an infringement action cannot be brought for a “United States work” until preregistration or registration of the copyright “has been made in accordance with [the Act].”  17 U.S.C. § 411. 

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Can a TV show format acquire copyright protection?

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 law.

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