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Day: 16 January 2018

SCF v Marco Del Corso – opinion of advocate general

In the present case, the parties are in dispute in particular as to whether the principles developed in SGAE ruling, which concerned copyright and hotel bedrooms, can be applied by analogy to the related rights of phonogram producers and performers, where a radio broadcast in which phonograms are used is audible in a dental practice. The referring court wished to know, first of all, whether a dentist who makes radio broadcasts audible in his practice is required to pay equitable remuneration for the indirect communication to the public of phonograms communicated in the radio broadcasts.

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Guidance on IPRED – striking a fair balance between the applicable fundamental rights in the case of the right of information

Article 8 obliges Member States to enable the competent judicial authorities to order that the infringer or certain other persons provide precise information on the origin of the infringing goods or services, the distribution channels and the identity of any third parties involved in the infringement. Any order by the competent judicial authorities to provide information issued under Article 8 should only concern information which is actually needed to identify the source and scope of the infringement.

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