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  • Article

    Who Communicates Copyrighted Work: Broadcaster Or Distributor?

    SABAM considered that SBS makes an act of communication to the public and, as such, is responsible to secure a licence from (and pay the relevant licence fee to) right holders.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Of European Union Holds That Unauthorised Re-Posting Of Protected Content Constitutes Copyright Infringement

    On 7 August 2018, the Court of Justice of the European Union delivered its first copyright judgment of 2018. The ECJ held in case C-161/17, Renckhoff, that the unauthorised re-posting of a copyrighted work is ...
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Portrait Not Less Protected Under Copyright

    On 1 December 2011, the Court of Justice of the European Union ("ECJ") adopted a judgment in case C-145/10 Eva-Maria Painer v. Standard Verlags GmbH, Axel Springer AG, Süddeutsche Zeitung GmbH, Spiegel-Verlag Rudolf Augstein GmbH & Co KG and Verlag M. DuMont Schauberg Expedition der Kölnischen Zeitung GmbH & Co KG.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Streaming Is Communication That Right Holder Can Prohibit

    In a preliminary ruling of 7 March 2013, the Court of Justice of the European Union clarified that streaming of TV content should be regarded as a communication to the public.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    New Directive On Copyright In Radio And Television Programmes

    On 15 April 2019, the Council of the European Union approved a Directive on the exercise of copyright and related rights applicable to certain online transmissions by broadcasting organisations and retransmissions of television ...
    European UnionMedia, Telecoms, IT, Entertainment
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Antwerp Court Issues Cease And Desist Order Against Luc Tuymans

    The painting at issue portraits Jean-Marie Dedecker, a Belgian politician, after he had suffered a heavy defeat at the ballots.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Copyright Assignment Can Be Proven By Any Written Document

    On 20 March 2014, the Court of Appeal of Liège handed down a judgment on the requirement of having a document "in writing" for evidentiary purposes in cases relating to the assignment of a copyright protecting a computer program.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Skill And Labour Insufficient For Copyright Protection Of Football Fixture List: ECJ Requires Creativity

    In its judgment delivered on 1 March 2011 (Case C-604/10), the Court of Justice of the European Union ("ECJ") declined copyright protection for football fixture lists whose compilation is dictated by rules or constraints that leave no room for creative freedom.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ACTA Has Not Survived The Vote Of The European Parliament

    On 22 May 2012, the European rapporteur for ACTA, David Martin, strongly recommended against the Treaty, saying that the intended benefits of the Treaty were far outweighed by the potential threats to civil liberties and given the vagueness of certain aspects of the text and the uncertainty over its interpretation, the European Parliament cannot guarantee adequate protection for citizens' rights in the future under ACTA.
    BelgiumIntellectual Property
    Peeters
    Peeters
  • Article

    Brussels Court Of Appeal Holds That Leonidas Infringed Longchamp's Copyright On Le Pliage Handbag

    On 26 July 2018, the Brussels Court of Appeal confirmed the judgment of the Brussels Commercial Court of 25 October 2017 on whether Longchamp, owned by the Jean Cassegrain company, had a copyright ...
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Greenpeace's Use Of Maya The Bee Infringes Copyright

    It wanted to denounce Studio 100 for promoting products that are bad for children's health by licensing Maya the Bee's image for its meat products.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Injunctive Relief Granted For Infringement Of Unregistered Design Right

    On 2 March 2018, the President of the Dutch-language Commercial Court of Brussels (Voorzitter van de Nederlandstalige rechtbank van koophandel te Brussel/Président ...
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Accepts Commitments On Geo-Blocking Practices Relating To Audio-Visual Content

    On 26 July 2016, the Commission made legally binding the commitments offered by Paramount Pictures as it considered that they adequately addressed its concerns regarding specific contractual clauses restricting passive sales.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Rules On Detention By Customs Authorities Of Imported Goods Infringing Intellectual Property Rights, EU Considers Reform

    The EU’s Court of Justice recently delivered a ruling that should interest enterprises exporting products either directly to or via the European Union.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ: Live Broadcasts Not Amount To Making Available; National Laws May Give Broader Protection To Broadcasters

    The "making available to the public" right forms part of the broader concept of "communication to the public".
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Hotels Making Music Available In Their Rooms Pay Equitable Remuneration, Dentists Playing Music In Their Private Practice Do Not

    The Court of Justice of the European Union (the "ECJ") handed down two separate rulings on 15 March 2012 (Cases C-135/10 and C-162/10) holding that hotels making available music in their rooms are obliged to pay equitable remuneration, whilst dentists playing music in their private practice are under no such obligation.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Supreme Court Rules On Copyright Protection

    On 26 January 2012, the Belgian Supreme Court ("Hof van Cassatie/Cour de Cassation", the "Court") handed down a judgment in a case between Artessuto NV ("Artessuto") on the one hand and B&T Textilia NV ("B&T") and Indecor-Europe NV ("Indecor") on the other.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Court Of Justice Delivers Important Judgment In Laserdisken Case On Interplay Between National And EU Copyright Law

    On 12 September 2006, the European Court of Justice (ECJ) delivered an important judgment on the interplay between national and EU copyright law, a judgment which also has implications for the interplay between IP and antitrust in the EU.
    BelgiumIntellectual Property
    Gibson, Dunn & Crutcher LLP
    Gibson, Dunn & Crutcher LLP
  • Article

    Court Rejects Copyright Levy On ISPs

    The internet has created significant challenges for rights holders seeking to prevent, or at least obtain some compensation for, the infringement of their works online.
    BelgiumIntellectual Property
    Linklaters
    Linklaters
  • Article

    Deepfakes In The Music Industry: Will The AI Act Change The Tune?

    The emergence of deepfake technology, particularly within the music industry, has sparked significant debate and concern. Deepfakes, which are synthetic media generated using AI...
    BelgiumTechnology
    ALTIUS
    ALTIUS

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