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CJEU enlightens digital reproduction equipment manufacturers on issues concerning private copying levies

Clifford Chance LLP
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European Union, Spain
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November 10 2010

On 21 October 2010, the Court of Justice of the European Union ("CJEU") issued its judgment in Case C-46708 SGAE, which provides striking clarity on a number of issues concerning the interpretation of the concept of fair compensation under Article 5(2)(b) of Directive 200129EC (the "Information Society Directive"

Rulings against the applicability of the copyright levies in Spain

Baker & McKenzie
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Spain
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June 21 2011

After the judgment issued by the European Court of Justice (ECJ) on 21 October 2010 declaring that the indiscriminate application of the copyright levies in Spain is contrary to EU law, a number of Spanish courts are already following the judgment without waiting for the reforms that the Spanish Government will introduce to align the country's regulations on copyright levies with EU law

Appeal court denies indiscriminate right to collect private copying levy

Grau & Angulo
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Spain
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June 27 2011

In a recent judgment the Barcelona Court of Appeal denied the right to collect the private copying levy when digital reproduction equipment, devices and media suitable for recording are purchased by companies and professionals

Spanish "audiencia nacional" revokes the list of digital devices subject to the right to equitable remuneration for private copying and its tariffs

Baker & McKenzie
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Spain
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June 1 2011

The Spanish Association of Internet Users filed a claim against the Ministry of the Presidency and most of the Spanish collecting societies alleging that: (i) the Spanish Ministerial Order governing the list of digital devices subject to the right to equitable remuneration for private copying and its tariffs (Order) should be null and void, as it violates legal principles; and (ii) the invalidity of the Order should be backdated to include all payments improperly made

Spanish TV channel held liable for plagiarising TV format

Baker & McKenzie
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Spain
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September 6 2011

On 14 June 2011, the Commercial Court Nº 12 of Madrid sentenced Spanish TV channel Telecinco to pay 60,000 to the state-owned broadcasting company RTVE on the grounds that the TV programme "España pregunta, Belén responde" ("Spain asks, Belén answers") is a copy of the well-known TV format "Tengo una pregunta para usted" ("I have a question for you"), of which RTVE is the exclusive licensee in Spain

Reprographic services and citation right

Abril Abogados
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Spain
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February 15 2013

Until the modification of the Spanish Copyright Law (TRLPI) by virtue of the Directive 200120EC citation of copyrighted works was only allowed for

When is a work "original" under the Copyright Act?

Gómez-Acebo & Pombo Abogados
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Spain
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August 24 2011

The Copyright Act protects human creations only when these are “original” that is, when they meet the requirement of originality

Court rules on infringement of jewellery designer's copyright

Grau & Angulo
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Spain
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September 19 2011

In a March 7 2011 decision, the Bilbao Criminal Court Number Three sentenced two importers of costume jewellery to eight months' imprisonment for committing an IP crime

Precautionary measure adopted prohibiting broadcaster from using a particular television programme format

Baker & McKenzie
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Spain
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July 4 2011

Upon the request of Corporación Radiotelevisión Española, the Commercial Court Nº 12 of Madrid issued an injunction against Telecinco which prohibited the broadcast of any television programme with a similar format to the well-known programme "Tengo una pregunta para usted" (I have a question for you), which is owned exclusively by Corporación Radiotelevisión Española

Is YouTube only a service provider of data storage?

Squire Sanders Hammonds
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Spain
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November 30 2011

The decision object of this article came to settle a demand filed by Telecinco against Youtube, on the understanding that the dissemination through the website of the defendant of various audiovisual works owned by the plaintiff, implies a violation of their intellectual property rights

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Search results

CJEU enlightens digital reproduction equipment manufacturers on issues concerning private copying levies

Rulings against the applicability of the copyright levies in Spain

Appeal court denies indiscriminate right to collect private copying levy

Spanish "audiencia nacional" revokes the list of digital devices subject to the right to equitable remuneration for private copying and its tariffs

Spanish TV channel held liable for plagiarising TV format

Reprographic services and citation right

When is a work "original" under the Copyright Act?

Court rules on infringement of jewellery designer's copyright

Precautionary measure adopted prohibiting broadcaster from using a particular television programme format

Is YouTube only a service provider of data storage?

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