RIDA 259 | 01-2019
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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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