NIPC Law

The Countryside of Gelderland Author Janneman Licence Creative Commons Attribution 3.0 unported Source Wikipedia Gelderland Jane Lambert Court of Justice of the European Union ( K. Lenaerts, President, R. Silva de Lapuerta, Vice-President, J.-C. Bonichot, A. Arabadjiev, M. Vilaras (Rapporteur), E. Regan, T. von Danwitz and C. Toader, Presidents of Chamber, A. Rosas, E. Juhász, M. Ilešič, M. Safjan, C.G. Fernlund, C. Vajda and S. Rodin, Judges)    C-310/17 ,  Levola Hengelo BV v Smilde Foods BV  ECLI:EU:C:2018:899, [2018] EUECJ C-310/17, EU:C:2018:899 (13 Nov 2018) This is one of the most remarkable cases that I have ever read.   It is important because it greatly increases the range of creations in which copyright can subsist.   I first thought it was a bit of a joke because that is how it was presented in the press (see  Food taste 'not protected by copyright' rules EU court   13 Nov 2018 BBC website)....

According to the knowledgebase of its website TVCatchup is an “internet television platform” which enables subscribers to watch live television on a computer or mobile device from anywhere in the UK. In ITV Broadcasting Ltd and Others v TV Catch Up Ltd [2010] EWHC 3063 (Ch) (25 Nov 2010) Mr. Justice Kitchin described that company’s activities at paragraphs [3] to [4] of his judgment as follows: “3. The defendant operates a website at www.tvcatchup.com which allows members of the public to watch live UK television, including the claimants' channels, on their computers, iPhones and games consoles. Any member of the public wishing to access the service must first become a member. He can then select one of over 50 channels by pressing on the appropriate icon, whereupon he is taken to a new screen on which the defendant provides a stream of the programme being broadcast on that channel. There is a slight delay before the member sees the programme because the defendant first shows on...