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Intellectual Property Law > Copyright - economic rights > Flashcards

Flashcards in Copyright - economic rights Deck (11)
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1
Q

GS Media

A

Knowledge might be relevant in relation to posting links to infringing material - where the links are posted for commercial gain knowledge of the illegality of the content is presumed.

2
Q

Svensson v Retriever

A

Journalist put freely accessible articles online, RS provided hyperlinks to these articles, did it require the permission of the authors? Was linking making available to the public? Links held to be an act of communication (no transmission required), act of communication must be directed towards a new public, not taken into account by the copyright holder when they originally authorised the communication to the public. Not the case where works were freely accessible.

3
Q

BestWater

A

Embedding clickable links (YouTube videos) in websites, if work is freely accessible, assumption that holders of copyright have, when they permitted this communication, considered all internet users as public.

4
Q

C More v Sandberg

A

S set up website circumventing CM’s paywalls and allowing viewers to watch live ice hockey matches. Making available to the public forms part of “wider” communication to the public. To be making available members of the public must be able to access the work from a place and a time chosen by them, with live matches this was not the case as the time of viewing could not be chosen.

5
Q

Labianca

A

Are advertisements for sale acts of distribution? DDS offered for sale furniture which was replicated from Knoll’s copyrighted designs. German federal court sought guidance on what constituted distribution. Distinguished from earlier cases as there was no actual sale in this case. Held - advertisements for sale may infringe copyright.

6
Q

Metro

A

Exhaustion - existence/exercise of IP rights, balance between IP protection and free movement of goods.

7
Q

Usedsoft

A

Concerned website offering “used” licenses for oracle software. Held that principles of exhaustion apply to both tangible and intangible works, but for ‘resale’ of software not to infringe copyright holder’s rights, the original licensee must render his own copy unusable at the time of resale. Licenses covering a number of users may only be resold as a whole.

8
Q

Nintendo

A

Usedsoft only applies to computer programmes

9
Q

Allposters

A

Could exhaustion make it legal to make and sell altered versions of works without authorisation? Exhaustion only applies to unmodified works, original rightholder is entitled to object to modification of their work.

10
Q

Filmspeler

A

CJEU relaxed notion of “indispensable intervention” under Article 3(1) InfoSoc so a broader group of defendants may now be found primarily liable. Also held that streaming unauthorised content can amount to copyright infringment so mandatory exception for temporary copies under Art 5(1) InfoSoc would not be applicable. This is because the acts of reproduction do not relate to a lawful use and the main attraction of Filmspeler’s players is the pre-installed add-ons, so the resulting temporary acts of reproduction adversely affect the normal exploitation of those works.

11
Q

Microsoft

A

The acquirer of a copy of a computer programme accompanied by an unlimited user license is not entitled to provide a back-up copy of that programme to a new acquirer without the authorisation of the rightholder. Does this undermine principle of exhaustion?