tag:blogger.com,1999:blog-5574479.post2039508363044609189..comments2024-03-29T12:23:31.959+00:00Comments on The IPKat: Making available does not mean communication: still on the C More decisionVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-5574479.post-9170046590618533582015-04-07T13:15:00.437+01:002015-04-07T13:15:00.437+01:00All the animals here are equal... some are just mo...All the animals here are equal... some are just more equal.The Pigsnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1140609155152846192015-04-07T09:10:23.730+01:002015-04-07T09:10:23.730+01:00the difference between Svensson and C more is sim...the difference between Svensson and C more is simple : Svensson is about authors'rights whereas C more is dealing with broadcasting organisations rights. <br /><br />Consequently, what is important is no the kind of material to which the link points at (different rights can apply to a single material), but whose rights are infringed.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-90794996802048541682015-03-31T17:00:37.418+01:002015-03-31T17:00:37.418+01:00it might suggest that, while a hyperlink to a news...<i> it might suggest that, while a hyperlink to a newspaper article falls under the scope of the InfoSoc Directive, a hyperlink that - by circumventing a paywall - allows one to watch live TV broadcasts does not.</i><br /><br />But the broader communication right would apply to the authorial works contained within the broadcasts - cinematic works, graphics, scripts etc. What the Court has said is that there is no obligation under EU law to give the same rights to the broadcasters as are given to authorial right holders, though Member States have the option to do so. This is plain from the legislation and the ruling here isn't really a surprise.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-86034938756692902122015-03-31T16:32:47.458+01:002015-03-31T16:32:47.458+01:00Possibly, unless you think that referring a case t...Possibly, unless you think that referring a case to the CJEU may be of some help to bring clarity :)Eleonora Rosatihttps://www.blogger.com/profile/05629420303968805446noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-43515116903922425422015-03-31T15:07:23.817+01:002015-03-31T15:07:23.817+01:00Eleonora,
Is the lack of clarity something that e...Eleonora,<br /><br />Is the lack of clarity something that each independent nation has to "clarify" for itself?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-55373942999345366572015-03-31T14:48:08.570+01:002015-03-31T14:48:08.570+01:00Perhaps at the UK level, but at the EU one the iss...Perhaps at the UK level, but at the EU one the issue remained rather unclear in my opinion (just look at what the Court said in Svensson)Eleonora Rosatihttps://www.blogger.com/profile/05629420303968805446noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-90556760362050505582015-03-31T14:40:32.864+01:002015-03-31T14:40:32.864+01:00Was the answer to this question provided by the En...Was the answer to this question provided by the English High Court in the first of the TV Catchup judgments at [2010] EWHC 3063 (Ch), which interpreted s20 CDPA?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-23805164499295687382015-03-31T14:40:08.915+01:002015-03-31T14:40:08.915+01:00Thanks for your comment Anonymous. You are indeed ...Thanks for your comment Anonymous. You are indeed right re UK law. Importantly in its decision the CJEU appeared to link any such possibility to other pieces of EU legislation (notably Directive 2006/115), rather than the right of communication in the InfoSoc Directive (and this is also something that the Court had previously stated in Svensson)Eleonora Rosatihttps://www.blogger.com/profile/05629420303968805446noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-11801576882030775272015-03-31T14:29:59.836+01:002015-03-31T14:29:59.836+01:00Section 20 of the Copyright Designs and Patents Ac...Section 20 of the Copyright Designs and Patents Act in the UK is clearly structured to reflect the understanding that making available is a narrower sub-set of the broader communication to the public concept. By virtue of 20(1)(c) and 20(2)(a) it also takes advantage of the freedom that the CJEU has confirmed for Member States to go further than the Directive and give broadcasts protection in the broader "communication to the public" sense, i.e. potentially including links to live broadcasts and not restricted to making available i.e. "on demand" access to broadcasts.Anonymousnoreply@blogger.com