Search results : 305
Refine your search| IRIS 2017-5:1/4 Court of Justice of the European Union: AKM v. Zürs.net | |
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On 16 March 2017, the Court of Justice of the European Union (CJEU) delivered its judgment in AKM v. Zürs.net, concerning copyright and retransmission of broadcasts of a public broadcaster by a local cable network. The case arose following a dispute between the Austrian copyright collecting society AKM, and Zürs.net, which is a cable network operator that transmits television and radio broadcasts made initially by the Austrian national broadcaster ORF. Zurs.net had approximately 130 subscribers. AKM requested that Zürs.net provide it with the number of subscribers connected to its cable network,... |
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| IRIS 2016-9:1/7 [AT] KommAustria establishes breach of ORF Act | |
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On 17 August 2016 the media regulator KommAustria established that the online offering of the public service broadcaster ORF contained elements that could not be regarded as content accompanying a programme, and accordingly breach the ORF Act. The live-sport portal Laola 1 Multimedia GmbH filed a complaint against the ORF service sport.ORF.at, including its Sports App, and against the online partial service sport.ORF.at/fussball, including its Football App, claiming that both the online reporting and the apps breached the ORF Act. KommAustria partially upheld the complaint, ruling that several... |
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| IRIS 2016-7:1/4 Court of Justice of the European Union: Austro-Mechana v. Amazon EU and Others | |
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On 21 April 2016, the Court of Justice of the European Union (CJEU) delivered its judgment in Austro-Mechana v. Amazon EU and Others (Case C-572/14), concerning the jurisdiction of Austrian courts to hear legal proceedings where an Austrian copyright-collecting society seeks to obtain payment from Amazon EU for a recording device levy under Austrian copyright law (see IRIS 2013-9/3 for a related judgment). Under paragraph 42b of the Austrian copyright law (Urheberrechtgesetz - UrhG), persons who are “first to place” certain recording equipment on the market, are required to pay “fair remuneration”... |
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| IRIS 2016-4:1/6 [AT] Vienna Commercial Court Wien refers question to the ECJ for a preliminary ruling on the concept of “communication to the public” | |
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On 2 December 2015, the Vienna Commercial Court referred a question to the ECJ on the concept of “communication to the public” in copyright law, in proceedings for a preliminary ruling under Article 267 TFEU. The reason for the referral was an action brought by the Austrian collecting society Verwertungsgesellschaft Rundfunk (VGR) against a hotel operator for a breach of broadcasting rights. The hotel management provides TV sets in the hotel rooms by means of which the signals of several television and radio programmes can be seen and heard (so-called “hotel room TV”). The room price per night... |
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| IRIS 2016-3:1/4 [AT] Administrative Court classifies video offering of Tyrol daily newspaper as audiovisual media service | |
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In the legal dispute between New Media Online and the Bundeskommunikationssenat (Federal Communications Board) (Case 2015/03/0004), the Verwaltungsgerichtshof (Administrative Court) decided on 16 December 2015 that the video offering on the plaintiff’s website was to be classified as an audiovisual media service within the meaning of the Audiovisual Media Services Directive (AVMSD). The video offering, it said, was independent and not (no longer) linked to the journalistic activity. The Tyrol daily newspaper’s online service, which is operated by the plaintiff, provides not only articles but also... |