DEKIMO, Supreme Court (Cour de Cassation), 03 June 2010
Research Center on IT and Law In its arrest of 3 June 2010, the Supreme Court of Belgium decided that the presumption of transfer to the employer of patrimonial copyrights in a program created within...
View ArticlePrecisions of the Belgian Supreme Court on the presumption of transfer to the...
Research Center on IT and Law Bankruptcy brings always its share of bad surprises, and it usually gets dodgier when intellectual property is involved… In this post, we propose a review of a decision of...
View ArticleBundeshymne, Supreme Court (Oberster Gerichtshof), 15 December 2010
, for Kluwer Copyright Cases The variation of the Austrian National Anthem by setting it to a modernised “rock-version” of the classic tune and by changing the line “You are home to great sons” to “You...
View Article‘Old’ copyright contracts and new forms of exploitation – Supreme Court,...
Institute of Intellectual Property Law, Jagiellonian University Kraków The commented decision may at first glance appear to be of limited importance only, but after closer examination it contains two...
View ArticleUsedSoft, Federal Court of Justice, (Bundesgerichtshof), 2 March 2011
Bureau for Information Law Expertise, Berlin Office The question, whether software licences for computer programs that were purchased in an intangible form (via download from the sellers’ server) can...
View ArticleScope of copyright contracts – decision of the Supreme Court of March 24,...
Institute of Intellectual Property Law, Jagiellonian University Kraków One of the recent judgements of the Polish Supreme Court provides a good opportunity to review the basic rules applying to...
View ArticleClik here to view.
Copyright transfer by accepting general conditions
Aavik & Partners Law Office In its recent judgement in the Auto24.ee-case, the Estonian Supreme Court established that an authors’ agreement for assigning economical copyrights is deemed to be...
View ArticleClik here to view.
Artist’s Resale Rights: French preliminary question to the ECJ
YS Avocats Can an auction house transfer the responsibility of paying the resale right royalty from the seller to the buyer? Directive 2001/84/EC created a resale right (‘droit de suite’) in the EU for...
View ArticleClik here to view.
The problem with the validity of on-line copyright licenses under Turkish law
Koç University, Istanbul “In addition to the requirement of written form, any transaction or notice aiming at the relinquishment of copyright and thus releasing the work into the public domain further...
View ArticleClik here to view.
ECJ: Auction houses may transfer cost of artist’s resale royalties to the buyer
YS Avocats An auction house may transfer the responsibility of paying the artist’s ‘droit de suite’ from the seller to the buyer. This judgment, rendered by the European Court of Justice on 26 February...
View ArticleClik here to view.
Almost there! In Support of the Green Road to Dutch Science!
Institute for Information Law (IViR) The Netherlands Organisation for Scientific Research (NWO), the main public funding agency in the country, has been enforcing already for a few years an Open Access...
View ArticleClik here to view.
Back on the Green Road: How Imperative are Imperative Rules?
Institute for Information Law (IViR) Echos from the Dutch legal and scientific communities indicate that opinions widely diverge on the topic of the imperative character of proposed article 25 fa) of...
View ArticleClik here to view.
UK: Gloucester Place Music Ltd v Le Bon, High Court of Justice of England and...
Maurizio BorghiA full summary of this case has been published on Kluwer IP Law In a case between a music publisher and members of the pop group Duran Duran, the Court granted a declaration to the...
View ArticleClik here to view.
“Please Go”: terminating a publishing contract…
Lucie Guibault ‘Please go!’ said pop group Golden Earring to their music publisher Nanada when they put an end to their publishing contract! As it sometimes happens in long-standing relationships, the...
View ArticleClik here to view.
Assignment of rights to exercise economic rights to works created under...
Juraj Vivoda and Zoltán NagyIt’s been almost two years since the Slovak legislator introduced an improved legal framework by adoption of a completely new Slovak Copyright Act. The main aim of the...
View ArticleClik here to view.
Sweden: Benny & Jessica vs. Gillholms, Patent and Market Court of Appeal of...
Johan NorderydA full summary of this case has been published on Kluwer IP Law. The Patent and Market Court of Appeal upheld the first instance Court’s judgment, confirming that a motorboat could be...
View Article
