Today, the Court of Justice of the European Union (CJEU) delivered its long-awaited and highly anticipated judgment in Case C-401/19. The case addresses the Polish challenge regarding compliance of Article 17 of the 2019 Directive on copyright and related rights in the Digital Single Market 2019/790 (CDSM) with fundamental rights. In short, the court ruled … Read More “European Court Renders Judgment in Polish Challenge to Art 17”
Update: On February 7, 2020, the 9th Circuit Court of Appeals denied Great Minds’ petition for rehearing (opinion (PDF)). As a result, the decision (PDF) of the panel in favor of CC’s interpretation of the licenses remains final. The U.S. Court of Appeals for the 9th Circuit reaffirmed Creative Commons’ interpretation of activities that are permissible under the … Read More “U.S. Appellate Court Enforces CC’s Interpretation of NonCommercial”
Yesterday we learned that the Tribunal de Bogotá—the Colombian appellate court—has affirmed the lower court’s acquittal of Diego Gómez. Gómez is a scientist from Colombia who has been criminally prosecuted for the last three years for sharing an academic paper online. When Diego was a student in conservation biology in Colombia, he had poor access … Read More “Colombian appellate court affirms: Diego Gómez not guilty for sharing research paper online”
Diego Gómez, the Colombian student who for the last three years has been prosecuted for sharing an academic paper online, has been cleared of criminal charges. The decision was delivered today by a judge in the Bogotá Circuit Criminal Court. In 2014 Diego was a student in conservation and wildlife management, with poor access to … Read More “Colombian Court Acquits Diego Gómez of Criminal Charges for Sharing a Research Paper Online”
All six Creative Commons licenses require licensees to attribute the original creator. Although we provide guidelines for attributing a work, we also recognize that standards for how and where licensees should provide attribution vary a lot from medium to medium. That’s why CC licenses allow licensees to fulfill the attribution requirement “…In any reasonable manner … Read More “German appellate court upholds common-sense attribution”
Litigation involving CC licenses is infrequent even though we’ve been around almost a decade and hundreds of millions of creative works are published under CC licenses. CC believes that this absence of litigation is evidence of widespread acceptance and understandability of our licenses. That said, we still appreciate occasional decisions by courts confirming that CC … Read More “Belgian and Israeli Courts Grant Remedies to CC Licensors”
San Francisco, CA, USA — August 13, 2008 The United States Court of Appeals held, in Jacobsen v. Katzer, that “Open Source” or public license licensors are entitled to copyright infringement relief. The Court of Appeals for the Federal Circuit (CAFC), the leading intellectual property court in the United States, has upheld a free copyright … Read More “THE "IP" Court Supports Enforceability of CC Licenses”
The United States Court of Appeals held that “Open Source” or public license licensors are entitled to copyright infringement relief. The Court of Appeals for the Federal Circuit (CAFC), the leading IP court in the United States, has upheld a free copyright license, while explicitly pointing to the work of Creative Commons and others. The … Read More “THE "IP" Court Supports Enforceability of CC Licenses”
Following on from the recent decision in a Dutch Court, Creative Commons licenses have also been implicated in a decision in Spain. The issue in this case was not whether the CC license was enforceable, but instead whether the major collecting society in Spain could collect royalties from a bar that played CC-licensed music. Unfortunately, … Read More “Spanish Court Recognizes CC-Music”
Spanish bar owner does not have to pay license fees to Spain’s primary collecting society for CC-licensed music Barcelona, Spain & San Francisco, USA — March 23, 2006 Last month, the Lower Court number six of Badajoz, a city in Extremadura, Spain, ruled that a bar owner did not have to pay license fees to … Read More “SPANISH COURT RECOGNIZES FOR THE FIRST TIME THAT THERE IS MUSIC THAT IS NOT REPRESENTED BY COLLECTING SOCIETIES”
