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Switzerland: Federal Supreme Court Holds Access Providers Not Obligated to Block Websites to Stop Copyright Infringements

(Apr. 24, 2019) On February 8, 2019, the Swiss Federal Supreme Court (Bundesgericht, BG) held that access providers are not obligated to block websites to stop copyright infringements, because the Court deemed their contributions to the infringements to be not legally relevant. (BG, Feb. 8, 2019, Docket No. 4A_433/2018, BG website (in German).) Facts of the Case […]

South Africa: National Assembly Passes Copyright Amendment Bill, Adopts Expansive Fair Use Exception

(Dec. 21, 2018) On December 5, 2018, South Africa’s National Assembly, one of the houses of the country’s bicameral legislature, passed the Copyright Amendment Bill, 2017, which seeks to amend the 1978 Copyright Act. (Mercedes Besent, Copyright Amendment Bill Passed, SABC NEWS (Dec. 6, 2018); Copyright Act No. 98 of 1978 (hereinafter “the principal Act”), National […]

China: Supreme Court Issues Rules on Internet Courts, Allowing for Blockchain Evidence

(Sept. 21, 2018) On September 3, 2018, China’s Supreme People’s Court (SPC) issued a judicial interpretation on the hearing of cases by the country’s newly created internet courts. Taking effect on September 7, 2018, the SPC Provisions on the Hearing of Cases by Internet Courts (SPC Interpretation) allows evidence stored and verified on blockchain platforms […]

European Union: European Court of Justice Strengthens Rights of Copyright Holders

(Aug. 24, 2018) On August 7, 2018, the European Court of Justice (ECJ) held that the download and subsequent posting on a website of a photograph that has previously been published on another website with the consent of the author and was freely accessible requires new consent from the copyright holder. The upload of such […]

European Union: Regulation on Cross-border Portability of Online Content Services in Effect

(Apr. 10, 2018) On April 1, 2018, the Regulation on Cross-border Portability of Online Content Services (Portability Regulation) became applicable across the European Union (EU). The Portability Regulation aims to accomplish seamless access for consumers throughout the EU to online content services, such as Netflix or Spotify, which they subscribe to in their home Member […]

Iran: New Copyright Law to Be Submitted to Parliament

(Nov. 7, 2017) Iran’s Ministry of Communications and Information Technology has announced it is working closely with the Parliament Research Center and other relevant agencies to formulate a new copyright bill for submission to Parliament. (Minister of Communications and Information Technology: Copyright Law Is Outdated; New Copyright Law to Be Sent to Parliament, IRANIAN LABOUR […]

Italy: Electronic Card for Access to Cultural Activities

(Oct. 12, 2017) On September 19, 2017, regulations on special electronic cards to be used to access cultural activities entered into effect in Italy.  (Decree No. 187 of the President of the Council of Ministers of September 15, 2016, Regulations on the Criteria and Modalities for the Allocation and Use of the Electronic Card as […]

European Union: Exclusive Competence over Marrakesh Treaty Confirmed

(May 23, 2017) On February 14, 2017, the Court of Justice of the European Union (CJEU), in line with a CJEU Advocate General’s opinion, ruled that the EU enjoys exclusive competence in defining copyright rules concerning materials intended for use by people with disabilities. The Court stated that the Treaty falls, to a large extent, […]

European Union: Court of Justice Expands Scope of Copyright Infringement to Sellers of Multimedia Players

(May 2, 2017) On April 26, 2017, the European Court of Justice (ECJ) held that the sale of a multimedia player that enables protected works available illegally on the Internet to be viewed easily and for free on a TV screen could constitute an infringement of copyright. The sale of such a player is a […]