DSM Watch has been tracking this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, since back in December 2015. The Commission’s aim was to allow consumers who pay for online content services in their home country to access them when visiting another country within the EU.… Continue Reading
There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15 – Filmspeler) that the sale of a multimedia player with pre-installed add-ons that contained links to illegal streaming websites constitutes a copyright infringement. At the same time, … Continue Reading
On 8 September 2016, the European Court of Justice (CJEU) handed down judgment C-160/15 on the means of hyperlinking which caught quite some attention. It has become known as the GS Media decision (see our blog post). In essence, this CJEU judgment imposed new verification duties on commercial website owners who embed hyperlinks to third-party content in their web … Continue Reading
The US Copyright Act of 1976 allows artists, writers, and musicians to “get back” grants of copyrights that had been previously licensed or assigned away. Specifically, artists can “terminate” their copyright arrangements simply by serving notice upon the grantee between 46 and 59 years after the date that the rights were granted. This means that, for the hit songs of … Continue Reading
On November 7, 2016, the People’s Republic of China’s highest legislative body, the Standing Committee of the National People’s Congress, passed the Film Industry Promotion Law (Film Law). The Film Law takes effect on March 1, 2017.
The Film Law is the first comprehensive “law” in China targeting the film industry specifically and is more than 13 years … Continue Reading
Is it permitted to reproduce out-of-commerce works and make them publicly accessible under European copyright exceptions? So far, there is no explicit regulation at European level dealing with out-of-commerce works. However, a few member states, including Germany, have already complemented their copyright by way of introduction of new provisions governing the use that one can make of out-of-stock works. In … Continue Reading
On 10 November 2016, the European Court of Justice (CJEU) rendered a landmark decision on the lending of e-books. Public libraries may rely on statutory copyright exceptions when lending out e-books and are not required to obtain a contractual license explicitly covering such e-lending right. With its decision, the CJEU applies the same legal principles to e-books that already govern … Continue Reading
Guests entering hotel rooms expect to be able to turn on the TV or listen to the radio. Accordingly, TVs and radios feature in almost any hotel room around the world. However, this commodity has been the trigger for numerous legal disputes in recent years. As always, the quarrel is about money.
In this post we look at proceedings which … Continue Reading
A recent decision by India’s telecom regulator to prohibit differential charges for Internet content – which effectively blocked Facebook from offering its Free Basics service in the country – highlights how regulators around the globe continue to work through whether and how “zero-rating” data services may be permissible under their country’s net neutrality framework. Zero-rating services allow consumers to access … Continue Reading
On 4th November, together with Santa Clara University’s High Tech Law Institute and the Berkeley Center for Law and Technology, we hosted our second Law in the Global Marketplace symposium on Intellectual Property and related issues.
Topics covered thought-provoking issues concerning global aspects of intellectual property law, including the impact of patent reform in the EU and U.S. on international … Continue Reading
In today’s world, copyright works and related rights form the cornerstone for numerous services and products. Of course, the entire media and broadcasting sector is reliant on copyright protection, as are the software, music and publishing industries. But, copyright protected content is at stake in many more industries such as IT, luxury goods, education and research. Taking into account that … Continue Reading
Emerging technologies. Rapidly evolving markets. Changing regulatory frameworks. Businesses around the globe are affected by these influences and intellectual property (IP) plays a central role. On 4th November, Hogan Lovells, Santa Clara University’s High Tech Law Institute, and the Berkeley Center for Law and Technology are bringing together the IP industry’s thought leaders to discuss these issues and start a … Continue Reading
On July 10, 2015 the Court of Rome issued a very important decision in favor of Wikimedia Foundation (the organization managing the online encyclopedia Wikipedia), represented by Hogan Lovells, in relation to the Foundation’s lack of liability for the content created by its users.
The Court has confirmed the Foundation’s role as hosting provider as well as its neutral role … Continue Reading
On 26 March 2015, the Court of Justice of the European Union (CJEU) rendered a most interesting and instructive verdict on the matter of live streaming of sports events on the Internet (C More Entertainment vs. Sandberg, Case Ref.: C‑279/13). The 9th Chamber ruled that Member States may grant statutory broadcasting rights that go beyond the … Continue Reading
On 24 November 2014, the Russian President signed into law a bill introducing amendments to the so-called Anti-piracy Law and expanding its scope to all types of copyright-protected content available on the Internet, except for photographs (the “Law“). The Law will take effect on 1 May 2015.
Under the Law the following procedure will become … Continue Reading
In a recent decision of the Paris Court of Appeal dated 2 December 2014, the French video-sharing website Dailymotion was held liable to pay more than 1,2 million Euros in damages to the French TV channel TF1 and other stakeholders on the grounds that Dailymotion did not promptly remove around 60 videos unlawfully made available online in breach of TF1’s … Continue Reading
The First Vice Prime Minister Igor Shuvalov has reportedly ordered the Russian Ministries of Culture, Communications, Economic Development, Finance, and Justice to assess a proposal from the Russian Union of Right Holders (“RUR“), to fight piracy by introducing a fixed royalty fee to be paid to rights holders in exchange for unlimited use of content on Internet. … Continue Reading
On 17 October 2014, in the case of Cartier International AG and Others v BskyB and Others, Arnold J ordered the five major UK ISPs to block a number of websites that were advertising and selling counterfeit goods and on 17 November 2014 he handed down his judgment on the form of the Order. The case is interesting because, according … Continue Reading
Hogan Lovells’ Intellectual Property, Media and Technology team is excited to announce the launch of LimeGreen IP News.
Complementing our LimeGreen IP know-how site, this new online news platform is designed not only to provide you with detailed discussion on recent case law and decisions but also to provide the latest business critical IP trends and issues from around … Continue Reading
On 1 July the European Commission adopted an action plan to address infringements of intellectual property rights in the EU (COM(2014) 392/2). The action plan intends to shift the attention of enforcement policies and actions from individuals infringing IP rights towards commercial scale infringers as they are viewed as the most harmful according to the Commission.
The EU Commissioner for … Continue Reading
The US Supreme Court has delivered its much anticipated ruling in American Broadcasting Cos., Inc., et al. v Aereo, Inc, a case about whether Aereo’s live streaming service infringes US broadcasters’ public performance right. The Supreme Court found that it does, overturning the ruling of the Court of Appeals for the Second Circuit.
In 2012 the owners of various copyrights … Continue Reading
In a June 18, 2014 decision, the Commercial Court of Nanterre found that French pay-tv challenger beIN Sport had not committed unfair business practices by pricing its pay TV subscription at only 11€ per month. France’s principal pay TV provider Canal + argued that beIN Sport had abused market rules by charging a price so low that it could never … Continue Reading
Recently, there have been several developments in free speech protections in the United States and the United Kingdom. In a case of first impression in the U.S., the Ninth Circuit Court of Appeals extended First Amendment freedom of speech protections from traditional media outlets to individual bloggers. Meanwhile, both the U.S. and the U.K. have adopted more speech protections to … Continue Reading
Three statutory instruments amending UK copyright exceptions came into force on 1 June 2014 relating to Public Administration, Disability, and Research, Education, Libraries & Archives. The changes are as follows:
Research, Education, Libraries and Archives
- Extends the scope of existing exceptions for research and private study to cover sound recordings, films and broadcasts, which were previously excluded.