CJEU: UNAUTHORIZED REPOSTING CAN BE INFRINGEMENT

8-August-2018

The Court of Justice of the European Union (CJEU) published yesterday a landmark decision on copyright matters, Renckhoff, C-161/17.

In this particular case, a school website posted a photograph taken from a student project, that was in its turn obtained from a third website where the picture was freely accessible. German courts referred the matter of whether the inclusion of a work — which is freely accessible to all internet users on a third-party website with the consent of the copyright holder — on a person’s own publicly accessible website could constitute infringement to the CJEU. The Court has confirmed that the author must consent every reposting, as it is a new Communication to the public. This decision is very positive for copyright holders and is in contrast with the case with links to third parties, that doesn’t need any authorization.

Read the decision here

WHY DO COUNTRIES EXPORT FAKES? REPORT

10-June-2018


The Organization for Economic Cooperation and Development (OECD) has published a report entitled "Why Do Countries Export Fakes?" analyzing the matter from a multidisciplinary perspective.  Contrary to common belief, given the prominence of China as a source country, virtually every country can generate fake output provided certain economic, social and regulatory incentives. The report looks at the current situation and seeks solutions for this problem in the future, that creates problems ranging from public health hazards to  the hindering of innovation. 
The full report can be read here.
If you receive a notice from Spanish Customs regarding fake merchandise, we can help you at  emps@emps.es