Copyright

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The CJEU has once again been asked to consider the meaning of “communication to the public” within Article 3(1) of the Copyright Directive.

In Stichting Brein v Ziggo BV, XS4ALL Internet BV (Case C‑610/15), the CJEU has been asked to identify  the scope of liability for copyright infringement committed by ‘card providers,’ namely sites such as The Pirate Bay, where files containing music and films are shared free of charge, and usually in breach of copyright.

On 8 February, 2017, the Attorney General (AG) delivered an Opinion advising the CJEU to find copyright infringement where a website (such as The Pirate Bay) indexes content available on peer-to-peer (P2P) networks, even where there is no actual content on the website.  However the AG found copyright infringement will only occur where the website operator has actual knowledge of the illegality and takes no action. Accordingly, if copyright holders notify a site’s operators of the illegal nature of information appearing on the site, and they fail to take action to make access to that work impossible, then the site operator may be held liable.Continue Reading AG advocates finding of copyright infringement by The Pirate Bay

EU consumers of online content services such as Netflix, Spotify or Sky Sports will soon be able to access their subscriptions while on holiday in or when otherwise visiting another Member State, due to the lifting of existing restrictions by a proposed new EU Regulation.
Continue Reading No Frontiers! – EU Consumers to enjoy cross-border access to online content services

A Californian Judge, Gail J Standish, recently dismissed a copyright lawsuit where it was alleged that Taylor Swift had copied lyrics for her popular song "Shake It Off". Taylor Swift is in fact an avid fan of enforcing her own copyright, was facing a $42 million damages claim.   Jesse Graham filed the lawsuit claiming that Taylor Swift had stolen the lyrics "haters gonna hate" from a song he wrote in 2013 following a refusal of an original writing credit and a selfie with the star. The Court ruled that the plaintiff did not provide enough factual evidence and that the …

Continue Reading Swift Shakes Off Copyright Claim

The US Court of Appeals (the Court) recently gave judgment on whether a type of yoga would fall within the remit of copyright in the case of Bikram Yoga College of India v. Evolution Yoga, LLC, 2015 WL 5845415.  The case concerned Bikram yoga – a popular style of yoga developed by Bikram Choudry (the plaintiff in the present case) over 20 years ago which consists of 26 postures and 2 breathing exercise, designed to systematically work every part of the body, and is performed in a hot room.Continue Reading Can copyright stretch to cover yoga?!

A French Supreme Court (the Cour de Cassation) has recently overturned a decision of the Paris Court of Appeal which had given a 2013 ruling in a copyright infringement case. The case involves the famous Longchamp "pilage" bag which, according to Longchamp, is the most copied bag in the world. The Cour de Cassation found that the Court of Appeal was in violation of the French Intellectual Property Code (Article L. 122-4) which deems it illegal to reproduce fully or partially a protected work without the authorisation of the right holder. The supreme courts (Cour de Cassation and Conseil d’État) acts as a cassation jurisdiction, giving them supreme jurisdiction in quashing the judgments of inferior courts where those courts misapplied law. Generally, cassation is not based on outright violations of law, but on differing interpretations of law between the courts.Continue Reading Longchamp reaches the French Supreme Court over copyright infringement

A French Supreme Court (the Cour de Cassation) has recently overturned a decision of the Paris Court of Appeal which had given a 2013 ruling in a copyright infringement case. The case involves the famous Longchamp "pilage" bag which, according to Longchamp, is the most copied bag in the world. The Cour de Cassation found that the Court of Appeal was in violation of the French Intellectual Property Code (Article L. 122-4) which deems it illegal to reproduce fully or partially a protected work without the authorisation of the right holder. Continue Reading Longchamp – French Supreme Court rules on copyright infringement

Augmented Reality (AR) uses technology to overlay real world, physical environments with virtual components like light, sound, video, images or GPS data.  Once seen as a futuristic and ‘gimmicky’ area, AR is growing at a rapid pace and will soon form part of our everyday technology. Microsoft recently unveiled its AR wearable technology, ‘Hololens’ which is geared towards gaming and design and comes in the form of a headset. Continue Reading Augmented Reality Poses New Legal Challenges

The Commercial Court has delivered a ruling which will have significant implications for music companies and ISPs, in regard to illegal downloading. The Court has granted three music companies, Sony Music, Warner Music and Universal Music, an injunction requiring UPC Communications to take measures to stop illegal downloading of music.  

The parties are due to return to court on 29 April with submissions on how the order can be implemented. Continue Reading High Court orders UPC to take action against illegal downloaders

In the wake of its recent win against "screenscraper" website eDreams, Ryanair has claimed another victory following a referral from the Dutch Supreme Court to the Court of Justice of the EU (CJEU) on the Database Directive (96/9/EC).

In brief, the CJEU held that owners of publically available databases, which do not fall under the protection of the Database Directive, are free to restrict the use of the data through contractual terms on their website. The decision in Case C – 30/14 Ryanair v PR Aviation BV marks the CJEU’s first copyright judgment of the year.Continue Reading Ryanair in another victory against the screenscrapers