AG Szpunar extends a generous hand to foreign authors
In her IPKat article of yesterday, Prof. Eleanor Rosati explains the Opinion of AG Szpunar, published on 5 September 2024, in the pending CJEU case Kwantum Nederland BV, Kwantum België BV v Vitra Collections AG (Case C‑227/23). As she says, it is an important opinion on the extent of national treatment of foreign authors. I imagine the Court will […]
When copyright protects more than economic interests
Yesterday the Rights Alliance, Denmark’s very effective anti-piracy organization, published a news item about an unusual piracy case implicating the moral rights of performers under the copyright law. In May 2023, the Rights Alliance became aware of the appearance on Reddit of compilations of scenes from films featuring Danish actresses, showing the performers naked or in scenes […]
What Is Arbitrator Bias? (or: No Good Deed Goes Unpunished)
In February 2024 the High Court in London handed down a decision to remove an arbitrator in a film industry dispute, which, in addition to illustrating the importance of insurance in the production sector, illuminated a paradoxical issue in commercial arbitration: if the parties appoint a subject-matter expert to decide their dispute, does the arbitrator […]
What is a “European work”? A hole in the AVMS Directive and a footnote on arbitration
On 29 November 2023 the European Audiovisual Observatory organised a conference in Brussels, “The promotion of European works according to the AVMSD: where do we stand?” The conference was intended to launch a new Observatory publication, “The Promotion of European Works”. Video of the proceedings is accessible here. As a result of the discussion, I […]
Pre-appointment Disclosure – a debatable amendment to the UK's Arbitration Act 1996
On 6 September 2023, the Law Commission for England and Wales published its Review of the Arbitration Act 1996: Final report and Bill. The Commission notes “the consensus that the Act works well, and that root and branch reform is not needed or wanted”, but nonetheless proposes amendments. One would insert a new section 23A […]
Back to London
After nine and a half years at the World Intellectual Property Organization in Geneva, I have come back to London to practise as a lawyer, arbitrator and mediator. I had lived in Brussels for several years when I worked at the Motion Picture Association, so I was accustomed to a French-speaking environment. Although […]
Note: as I am currently acting as a Counsellor at the World Intellectual Property Organization, I am not updating the GR Blog.
Microsoft Xbox One: Regulatory puzzles in a converging marketplace
On Thursday, 12 September 2013, the Royal Television Society’s Cambridge Conference heard Nancy Tellem, Microsoft’s Entertainment & Digital Media President, explain the thinking behind the Microsoft Xbox One console, due for release on 22 November 2013. Xbox One is a “state of the art gaming console, a new generation TV and movie system, and a whole […]
Ireland: Data Protection Commissioner loses in Supreme Court over GR
On 3 July 2013 the Irish Supreme Court gave its judgment in the appeal by the Irish Data Protection Commissioner (“DPC”) in EMI Records (Ireland) Limited & ors v The Data Protection Commissioner [2013] IESC 34. Although this represents an endorsement of the voluntary graduated response scheme agreed between ISP Eircom and the record labels, the decision was […]
UK: Regulation of the press – judicial review in prospect?
The Leveson Inquiry into the culture, practice and ethics of the press was announced in July 2011 and concluded its first part with the publication of Lord Justice Leveson’s Report in November 2012. Although the recommendations of the Report raised controversy, there seemed little doubt but that some fairly radical strengthening was likely in the control of the […]
Thomas Dillon
What is a “European work”? A hole in the AVMS Directive and a footnote on arbitration
Friday 22 December 2023 On 29 November 2023 the European Audiovisual Observatory organised a conference in Brussels, “The promotion of European works according to the AVMSD: where do we stand?” The conference was intended to launch a new Observatory publication, “The Promotion of European Works”. Video of the proceedings is accessible here. As a result of the discussion, […]
Thomas Dillon
What is a “European work”? A hole in the AVMS Directive and a footnote on arbitration
Friday 22 December 2023 On 29 November 2023 the European Audiovisual Observatory organised a conference in Brussels, “The promotion of European works according to the AVMSD: where do we stand?” The conference was intended to launch a new Observatory publication, “The Promotion of European Works”. Video of the proceedings is accessible here. As a result of the discussion, […]
Thomas Dillon
What is a “European work”? A hole in the AVMS Directive and a footnote on arbitration
Friday 22 December 2023 On 29 November 2023 the European Audiovisual Observatory organised a conference in Brussels, “The promotion of European works according to the AVMSD: where do we stand?” The conference was intended to launch a new Observatory publication, “The Promotion of European Works”. Video of the proceedings is accessible here. As a result of the discussion, […]