When cobwebs and tombstones start to show up in your neighborhood, probably something wicked is coming your way—except that one night of the year, on Halloween. Even though Halloween involves frightening things—haunted houses, the undead, tricks in response to no treats—it is ultimately about carefree fun. And there’s candy! But if you are in a Halloween-related business, there is a genuinely scary side to the holiday—IP issues that, if ignored, could lead to a wicked lawsuit. Continue Reading Avoid the Halloween “Trick” of an Intellectual Property Lawsuit
On 15 September 2016 (C-484/14), the Court of Justice of the European Union (CJEU) ruled that the operator of a shop, hotel or bar that offers free Wi-Fi to the public is not liable for copyright infringements committed by the network’s users. However, the operator may be required to password-protect its network in order to prevent—or cease—these infringements. Continue Reading Court of Justice of the EU: Retailers Offering Free Wi-Fi Not Liable for Patrons’ Copyright Infringements
On 8 September 2016 (C-160/15), the Court of Justice of the European Union (CJEU) ruled that the posting of a hyperlink to copyright-protected works located on another web site does not constitute copyright infringement when the link poster does not seek financial gain and acts without knowledge of the illegal publication. However, when the posting of a hyperlink is carried out for profit, it has to be presumed that the posting has occurred with the full knowledge of the protected nature of that work and the possible lack of consent from the copyright holder to publication on the linked web site. Continue Reading Court of Justice of the EU: The Posting of a Hyperlink Can Infringe Copyright If Done for Financial Gain
The Olympic Games 2016 which take place in Rio de Janeiro, Brazil, from 5 to 21 August are supported by a huge volume of marketing and advertising campaigns. As many countries have done before, Brazil enacted special legislation to protect the Olympic symbols and expressions specific to the games hosted in Rio. The protection offered in these Olympic-special legislations often can go beyond what would normally be available under trademark or copyright protection laws. For example, the London Olympic Games and Paralympic Games Act 2006 created a sui generis right of association to prevent the use of any representation that is likely to suggest an association between the London Olympics and goods or services. Continue Reading The Brazilian Olympics and Intellectual Property
On 31 May 2016, the Regional Court of Berlin (15 O 428/15) ruled that photographs of public domain paintings are, in principle, protected by a copyright-related right in section 72 of the German Copyright Act. The case involved a request to take down several pictures hosted on Wikimedia Commons as public domain images that had been taken by a photographer employed by the Reiss Engelhorn Museum in Mannheim, Germany. Responding to the judgment, the Wikimedia Foundation and Wikimedia Germany wrote that the decision did not pay adequate attention to the long-term damage this judgment represents to accessing public domain works.
The Wikimedia Foundation already announced its plans to appeal the case to the next level of appellate court—the Kammergericht Berlin—and, if necessary, to take it all the way to the Federal Court of Justice. Continue Reading Wikimedia Loses German Copyright Case Over Photographs of Public Domain Paintings
On 23 June 2016, a US federal jury concluded that Led Zeppelin’s Jimmy Page and Robert Plant did not copy the opening guitar riff in “Stairway to Heaven” from the song “Taurus,” an earlier tune by US rock band Spirit. The latter song, a 2-minute 27-second instrumental, was recorded nearly four years before “Stairway,” and was released on Spirit’s self-titled debut album in 1968.
The conclusion of the “Stairway” case comes a little more than a year after a federal jury in Los Angeles, California, awarded millions to R&B-soul singer Marvin Gaye’s family. The jury decided that recording stars Robin Thicke and Pharrell Williams had plagiarized Gaye’s “Got to Give It Up” in creating their hit single “Blurred Lines.” Continue Reading Led Zeppelin Prevails in US Copyright Case Over Their Iconic Ballad “Stairway to Heaven”
In 2013, several artists and music production companies filed a constitutional complaint with the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) against two Federal Court of Justice (Bundesgerichtshof, BGH) rulings (I ZR 112/06, I ZR 182/11) that held that the sampling of a two-second sound sequence was not admissible under the German Copyright Act (UrhG). In music, “sampling” is the act of taking a portion of one sound recording and reusing it in a different song or piece. Sampling is particularly common in modern hip-hop and electronic music.
The complainants argued that the Federal Court of Justice rulings violated their fundamental right to artistic freedom enshrined in Art. 5 para. 3 of the German Basic Law (Grundgesetz, GG). On 31 May 2016, the First Senate of the Federal Constitutional Court granted the constitutional complaint. Continue Reading German Federal Constitutional Court: Sampling Music May Not Be Copyright Infringement
A Spanish man using the pseudonym “Frikidoctor” has been posting videos to a major video-sharing web site that detail the events of several upcoming episodes of a popular medieval fantasy TV series, including some key plot twists. Frikidoctor’s video “predictions” (which later turned out to be remarkably accurate) were also translated to English and posted to Reddit. At some point, the videos had been taken down from the web site, marked with “copyright claim by [a major cable TV network].” Reportedly, the network is asserting that these videos are infringing on its copyright even if some of the videos do not contain any actual video footage or stills from their hit series. After the videos were removed, Redditors began fervent discussions about whether or not the network was entitled to remove those videos. Some legal experts claim that by giving detailed plot information, one could possibly be liable for copyright infringement. This is, however, not clear. Interestingly, the web site has since restored the videos. Continue Reading Cable TV Network Has Show Spoilers Removed from Video-Sharing Web Site—Are Plot Elements Copyrightable?
CL-IPs is an educational YouTube series made by the law firm Mayer Brown. The goal of the series is to help online content producers understand legal issues in the field of intellectual property and technology. All CL-IPs episodes that have been published so far are available on our YouTube Channel. Continue Reading Mayer Brown Launches Second Episode of Its Intellectual Property-Themed YouTube Series
Snapchat, the fast-growing social media network/messaging app, has spawned some controversy over how copyright law is interpreted in the United Kingdom. In a recent Q&A session with members of Parliament, the British government was asked whether it will take steps to prevent Snapchat images from being made public without the image owner’s consent. In his written response dated 24 March 2016, the Minister for Culture and the Digital Economy, Ed Vaizey, answered that “[u]nder UK copyright law, it would be unlawful for a Snapchat user to copy an image and make it available to the public without the consent of the image owner. The image owner would be able to sue anyone who does this for copyright infringement.” Continue Reading Screenshotting in Snapchat – Copyright Law Concerns