Originality and Databases
Centre for Commercial Law Studies at Queen Mary, University of London Football listings have hit the UK again, this time with an “original” twist.Disputes surrounding football lists never seem to go...
View ArticleSupreme Court, 22.06.2010, IV CSK 459/09 – Subject matter of copyright
Institute of Intellectual Property Law, Jagiellonian University Kraków What is and what is not a copyright work is a question even copyright lawyers find difficult to answer when confronted with...
View ArticleJames Joyce Estate finally gives Kate Bush Permission to use Molly Bloom...
Centre for Commercial Law Studies at Queen Mary, University of London By Luke McDongagh, PhD Candidate, QMIPRI The Irish Times has recently reported that the Joyce estate has, after many years of...
View ArticleOpinion of the Advocate General of the ECJ in the Kampusch case (2): the...
Institute for Information Law (IViR) The Advocate General’s Opinion in Case C-145/10, Painer v Standard VerlagsGmbH et al., parts of which have already been discussed in an earlier blog post (here),...
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Another piece of the puzzle, or is it? CJEU on photographs as copyright works
Institute for Information Law (IViR) By Mireille van Eechoud, Institute for Information Law (IViR) Of the many questions addressed by the Court in its Painer judgment (Case C-145/10) the most impact...
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Belgian Supreme Court: against the tide of the CJEU’s case law on “originality”?
Research Center on IT and Law On 26 January 2012, the Belgian Supreme Court decided to quash an appeal decision deeming that “when requiring that a work must show the stamp of the author’s personality...
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A Story to be Told. The fine line between plagiarism and story-(re)telling
Monducci Perri Spedicato & Partners “What seems to lack in the decision of the Court, at the end of the day, is a clear test of what constitutes a structural element in the ‘embryonic stage’. Last...
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Originality of a computer program under French law
YS Avocats The usefulness of a computer program is not sufficient to characterise the originality of the program. There is nothing more subjective, and often arbitrary and unfair, than the notion on...
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Goodbye, Geschriftenbescherming!
Institute for Information Law (IViR) Besides tulips, cheese, football and other recreational matters, the Netherlands are famous for its copyright protection of non-original writings....
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NL: Confusing slavish imitation of a painting style is not illegitimate.
Institute for Information Law (IViR) “The law does not allow for additional protection of the maker of a work against so-called slavish imitation of a style or of elements of style.” Supreme Court of...
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France: no copyright protection for perfume
YS Avocats The Supreme Court maintains its position in a case concerning a Lancôme perfume, stating that ‘copyright only protects creations in their tangible form, so far as this form is identifiable...
View ArticleOriginality and Databases
Centre for Commercial Law Studies at Queen Mary, University of London Football listings have hit the UK again, this time with an “original” twist.Disputes surrounding football lists never seem to go...
View ArticleItaly: Buma di Paolo Buscema v Data Bridge, Supreme Court of Cassation of...
Trevisan & Cuonzo The Italian Supreme Court confirmed that software which derives from a pre-existing computer program is eligible for copyright protection provided it demonstrates a minimal level...
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New Turkish Construction Regulations Impair the Copyright Protection on...
Koç University, Istanbul A brief outline of the copyright protection granted for architectural designs In Article 2/1, the Berne Convention counts architectural works, together with plans, sketches...
View ArticleUK: John Kaldor Fabricmaker v. Lee Ann Fashions, High Court of England and...
University of Reading A claim for infringement of copyright and design rights failed. There was no good reason to reject evidence that the fabric in question was created without sight of the claimant’s...
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In breach of EU copyright law, Paris Court refuses to protect Mankowitz’s...
YS Avocats This ruling, rendered by the IP specialist section of the High Court of First Instance of Paris, breaches the most basic EU and French copyright law, by refusing copyright protection to an...
View ArticleItaly: Riccardo Pagani v. Leo Burnett Company S.r.l., Ordinary Court of...
Trevisan & Cuonzo The Court of Turin held that the main idea for a finished work (a TV commercial for the FIAT 500) had been developed in an initial project carried out by the claimant and that...
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Performers’ Rights and the Performance Right: A Constitutionally Confusing...
Moritz College of Law, The Ohio State University The bizarre saga known as Garcia v. Google has finally come to end with an eleven judge en banc decision of the United States Court of Appeals for the...
View ArticleThe Netherlands: Rubik v. Beckx Trading, Supreme Court of the Netherlands,...
Institute for Information Law Erno Rubik, creator of the famous Rubik’s Cube, brought suit against a Dutch enterprise that trades in gift articles, including the so-called ‘Magic Cube’, which strongly...
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The National Lottery wins the prize
Elzaburu A recent judgment by the CJEU set aside a decision of the General Court annulling an OHIM decision to invalidate a Community trade mark owned by the National Lottery Commission, based on the...
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