Category Archives: Copyright & royalties

The Court of Justice of the European Union on the boundaries of copyright trolling legitimacy  

copyright trolling

Copyright trolling refers to the practice of acquiring rights of economical exploitation on protected works for the sole purpose of claiming compensation for damages from those who infringe such rights. The place of choice for this activity can only be the Internet and, in particular, peer-to-peer networks which, as peer networks, guarantee users the sharing […]

Andy Warhol and his portraits of Prince infringe copyright  

filing a trademark in bad faith

According to NY Court of Appeals for the Second Circuit, the famous series of iconic portraits of Andy Warhol depicting Prince and inspired by the photograph taken in 1981 by Lynn Goldsmith infringes the copyright of the original photo. The judgment of March 26, 2021 overturned the decision of first instance which in 2019 had […]

 Artist Jeff Koons found guilty of plagiarism by the Paris Court of Appeal

plagiarism

The Paris Court of Appeal, by judgment no. 34 of 23rd February 2021, definitively convicted American artist Jeff Koons for plagiarism for having substantially reproduced in the porcelain sculpture entitled Fait d’Hiver of 1988 the homonymous photographic work made in 1984 by the freelance artist and photographer Franck Davidovici. In 2014 the plagiarism work was […]

EU Court of Justice: the usage of a protected work as evidence in a trial does not infringe copyright

transmission of a work protected by copyright

The Court of Justice of the European Union (CJEU) stated that the transmission of a work protected by copyright to a court, as evidence in a judicial proceeding between individuals, does not fall within the concept of “communication to the public” referred to in Article 3(1) of Directive 2001/29 (so-called “Infosoc Directive”). The case The […]