RIDA 259 | 01-2019

Case law

Case law section

Pierre SIRINELLI, Alexandra BENSAMOUN

Code : 259-CJP
Keywords :
Author, Related rights, neighbouring rights, European union, CJEU, Directive, Respect for the integrity (right to), integrity right, Internet, Harmonisation, Berne Convention, Reproduction (right), Work, Notion, concept, Originality, photograph, derivative (work), Expression (freedom of), Exceptions, Parody

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Résumé

SUBJECT MATTER PROTECTED BY COPYRIGHT - CJEU, Grand chamber, 13 Nov. 2018, case C-310/17, Levola Hengelo BV v Smilde Foods BV : Interpretation of European and international copyright legislation shows that the taste of a food product cannot be protected by copyright, which means that national legislation cannot provide otherwise. PHOTOGRAPHS – BALANCING INTERESTS - CA Versailles, 1st chamber. section 1, 16 March 2018, no. 15/06029 - A Malka v P Klasen : The test of proportionality between copyright over a primary work and the artistic freedom of the author of a secondary work hangs on the substitutability and hence the necessity of the primary work. LIABILITY OF THE OWNER OF AN INTERNET SUBSCRIPTION IN THE EVENT OF COPYRIGHT INFRINGEMENT - CJUE, third chamber, 18 October 2018, case C-149/17 – Bastei Lübbe GmbH & Co. KG v M Strotzer : The owner of an internet connection used for copyright infringements through file-sharing cannot be held liable to pay damages if he can name at least one family member who might have had access to that connection.

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