NIPC Law

Landgericht Hamburg Author Claus-Joachim Dikiow Licence CC BY 2.5 Source Wikipedia Jane Lambert Court of Justice of the Europen Union (Presifdebt Lenaerts, President, Judges Arabadjiev, Vilaras, von Danwitz, Toader, Biltgen and Lycourgos, Presidents of Chambers, Juhász, Ilešič (Rapporteur), Bay Larsen and Rodin) Case 476/17 Hütter and another b Pelham and others   [2019] EUECJ C-476/17, EU:C:2019:624, [2019] WLR(D) 439, ECLI:EU:C:2019:624 Can the reproduction of a 2-second rhythm sequence from a 1977 sound recording infringe copyright, performers' rights or other intellectual property rights?  The Landgericht (court of first instance) for Hamburg thought it did on two occasions as did the regional court of appeal. The German Supreme Court and Constitutional Court were less sure. Finding that the case turned on the interpretation of arts 2 (c) and 5 (3) (d) of  Directive 2001/29/EC of the European Parliament and of the Council of 2...

Court of Justice of the European Union Author: Tercer Dedicated to the Public CC0 1,0 Source Wikipedia  European Court of Justice Jane Lambert Court of Justice of the European Union  (K. Lenaerts, President, Arabadjiev and Judges Vilaras, von Danwitz, Toader, Biltgen and Lycourgos and Presidents of Chambers, Juhász, Ilešič, Bay Larsen and S. Rodin) Case C-516/17 Beck v Spiegel Online GmbH   :  [2019] EUECJ C-516/17, EU:C:2019:625, ECLI:EU:C:2019:625, [2019] WLR(D) 440 This was a reference under art 267 of the Treaty on the Functioning of the European Union by the Bundersgerichthof (German federal supreme court) on the interpretation of art 5 (3) of  Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10).  It arose in the course of an appeal against an appellate court's decis...

Jane Lambert In  Judicial Review of the Copyright Exceptions: British Academy of Songwriters, Composers and Authors and Others v Secretary of State for Business Innovation and Skills   20 July 2015 I discussed the order by Mr Justice Green to quash The Copyright and Rights in Performances (Personal Copies forPrivate Use) Regulations 2014  SI 2014 No 2361 in    British Academy of Songwriters, Composers and Authors Musicians' Union and others, R (on the application of) v Secretary of State for Business, Innovation and Skills and Another (No 2) [2015] EWHC 2041 (Admin) (17 July 2015). A statement by the Intellectual Property Office on 20 July 2015 announced that HMG was considering the implications of the judgments and the available options. In the penultimate paragraph of my case note I wrote: "As Hargreaves has recommended that intellectual property policy should be evidence based it may be that applications of this kind will become more ...

Art 3 (1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society ( "the Information Society Directive" ) required EU member states to "provide authors with the exclusive right to authorise or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them." However, art 3 (2) required member states to provide broadcasting organizations only with "the exclusive right to authorise or prohibit the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them." The Directive was implemented in the UK by The Copyright and Related Rights ...