EU Copyright Directive Part 1

EU Copyright Directive Part 1

 

1

EU – ECJ 20 Jan. 2009 Rights related to copyright – Rights of phonogram producers – Reproduction right – Distribution right – Term of protection – Rights of nationals of non-Member States – Directive 2006/116 on the Term of Protection of Copyright and Certain Related Rights, Arts. 7(2), 10(2); Law on Copyright and Related Rights, Sec. 137f – C-240/07 – Sony Music Entertainment (Germany) GmbH v. Falcon Neue Medien Vertrieb GmbH- “Sony v. Falcon”
International Review of Intellectual Property and Competition Law
Volume 40, Number 8, 2009 p.979

LAW JOURNAL / LAW REVIEW

2

Is There a Hidden Agenda Behind the General Non-Implementation of the EU Three-Step Test?
HERMAN COHEN JEHORAM
European Intellectual Property Review
Volume 31, Issue 8, 2009 p.408

LAW JOURNAL / LAW REVIEW

The well-known three-step test of restrictions of copyright has also been carried over into the EU Copyright Directive , but with a fundamental shift of parameters. The test was this time not addressed to legislators, but to the EU citizens and courts. It should therefore be implemented in the national copyright laws. With the notable exception of France, this has generally not taken place. There seems to have been a hidden agenda behind the non-implementation of the EU three-step test.

3

Bob Dylan’s Albums Protected in Germany
FLORIAN TRAUB
Entertainment Law Review
Volume 20, Issue 4, 2009 p.144

LAW JOURNAL / LAW REVIEW

In Sony v Falcon the ECJ decided that recordings of Bob Dylan that did not benefit from direct protection under German copyright law had nevertheless to be protected following from the EU Directive on the harmonisation of the term of protection: of copyright and certain related rights.

4

EU – ECJ 17 April 2008 Copyright – Distribution to public by sale or otherwise of original of work or copy thereof – Use of reproductions of copyright-protected furniture as items of furniture exhibited in sales area and in display windows – No transfer of ownership or possession – Directive 2001/29 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, Art. 4(1) – C-456/06 Peek Cloppenburg KG v. Cassina SpA – “Le Corbusier Furniture”
International Review of Intellectual Property and Competition Law
Volume 39, Number 7, 2008 p.854

LAW JOURNAL / LAW REVIEW

5

EU – ECJ, 29 Jan. 2008 – Information society – Obligations of providers of services – Retention and disclosure of certain traffic data – Obligation of disclosure – Limits – Protection of confidentiality of electronic communications – Compatibility with protection of copyright and related rights – Right to effective protection of intellectual property – Directive 2000/31 on Electronic Commerce, Directive 2001/29 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, Directive 2004/48 on the Enforcement of Intellectual Property Rights, and Directive 2002/58 on Privacy and Electronic Communications – C-275/06 – Productores de Música de España (Promusicae) v. Telefónica de España SAU – “Promusicae”
International Review of Intellectual Property and Competition Law
Volume 39, Number 6, 2008 p.738

LAW JOURNAL / LAW REVIEW

6

Creativity stifled? – JOINT STATEMENT BY EUROPEAN ACADEMICS
European Intellectual Property Review
Volume 30, Issue 9, 1008 p.341

LAW JOURNAL / LAW REVIEW

On July 16, 2008, EU Internal Market Commissioner Charlie McCreevy persuaded the European Commission to adopt a draft directive, extending the copyright term in sound recordings. This overturns the Commission’s earlier position, and is at variance with the recommendations of several independent reviews. Fifty European academics issue a joint statement on the empirical evidence. How could monopolising recorded music for another 45 years possibly benefit a creative and innovative society?

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Berne Convention Part 2, EU Copyright Directive Part 2, EU Copyright Directive Part 3, EU Copyright Directive, List of international public law topics.


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