COPYRIGHT

Bezpečnostní softwarová asociace – Svaz softwarové ochrany v Ministerstvo kultury, Case C-393/09

Following a reference from the Czech Regional Court, the ECJ has ruled that a graphic user interface (GUI) cannot be protected by copyright as a computer program under Directive 91/250/EEC. However, they did emphasise that a GUI can be protected by copyright, as a work, under Directive 2001/29/EC if that interface is its author’s own intellectual creation. In response to the second question put to it, the ECJ held that a television broadcasting of a GUI does not constitute communication to the public of a work protected by copyright within the meaning of Article 3(1) of Directive 2001/29.

For the full text of the decision, click here.

MGN Ltd and others v Grisbrook [2010] EWCA Civ 1399

The Court of Appeal has upheld the High Court's decision that a licence from a freelance photographer who provided photographs to the Daily Mirror did not cover commercial exploitation of archive websites containing back copies of the Daily Mirror. Such a term could not be implied in the licence since, at the time the licence was granted, online exploitation was not in the joint contemplation of the parties.

For our full Law-Now on this decision, click here.

For the full text of the decision, click here.