Copyright

Operators of a mobile application were found to infringe copyrights in television broadcasts by uploading clips of broadcasts of cricket matches

England And Wales Cricket Board Ltd & Anor v Tixdaq Ltd & Anor [2016] EWHC 575 (Ch) (18 March 2016)

The Claimants contended that the Defendants had infringed their copyrights under Article 2(d) and (e) of Directive 2001/29/EC (“the Information Society Directive”) by uploading a considerable number of clips of broadcasts of cricket matches to one of the Defendats’ mobile applications (“the App”). The Claimants were the owners of the copyrights in television broadcasts, and in films incorporated within such broadcasts, of most cricket matches played by the England men’s and women’s cricket teams in England and Wales. The Defendants denied infringement, relying primarily upon the defence of fair dealing for the purposes of reporting current events according to Article 5(3)(c) of the Information Society Directive and secondarily upon immunities for acting as a mere conduit and hosting under Articles 12 and 14 of Directive 2000/31/EC (“the E-Commerce Directive”).

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The German Federal Court (BGH) on balancing of IP and copyright against the freedom of the press and freedom of expression

BGH, Urteil vom 14.10.2010, I ZR 191/08

The present case concerns the balancing of IP and Copyright against the freedom of the press and freedom of expression. The German Federal Court (Bundesgerichtshof) reversed the contested decision of the appeal court, because the latter decided that the acts of the respondent (namely the setting of a link which led to the access of an internetsite which was illegal) are not justified on the basis of freedom of expression and freedom of press reporting. According to the German Federal Court (Bundesgerichtshof) the abovementioned acts are covered by the freedom of expression, freedom of opinion and freedom of press reporting on the basis of Article 6 of the Treaty on the European Union (TEU) and Article 11 para. 1 and 2 of the Charter of Fundamental Rights of the European Union (EU Charter).

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