De minimis exception when using applied art in marketing materials
(2020) In GRUR International 69(1). p.91-105- Abstract
- The present article grapples with the concept of de minimis in European copyright law in light of the ruling by the Danish Supreme Court in Würtz v Coop Denmark. The article begins with a brief background of the case. The second section delves into the concept of de minimis and its origins and framing in European copyright law. The third section compares the concept to US legislation and case law in order to show similarities and differences in the chosen approaches to the concept. The fourth part concludes and re-connects with a recently decided German case before the CJEU in regards to the concept of de minimis as well as some notes on Swedish Law.
- Abstract (Swedish)
- 1. In order to prove a copyright exception not contemplated in the Act but based on long-standing practice the defendant must show strong evidence that goes beyond a usual practice in the business.
2. The use of a copyright-protected work even in a commercial or marketing context can be of such secondary importance that – notwithstanding that the rights holder has not permitted the use – it would not be a copyright infringement.
3. Such non-statutory exemption to the copyright should be construed restrictively, may not influence the normal use of the work in any detrimental way, and may not unreasonably interfere with the author’s interests.
Comment on Supreme Court (Højesteret), decision of 18 December 2018... (More) - 1. In order to prove a copyright exception not contemplated in the Act but based on long-standing practice the defendant must show strong evidence that goes beyond a usual practice in the business.
2. The use of a copyright-protected work even in a commercial or marketing context can be of such secondary importance that – notwithstanding that the rights holder has not permitted the use – it would not be a copyright infringement.
3. Such non-statutory exemption to the copyright should be construed restrictively, may not influence the normal use of the work in any detrimental way, and may not unreasonably interfere with the author’s interests.
Comment on Supreme Court (Højesteret), decision of 18 December 2018 – 171/2017
Coop Danmark A/S (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/49d4570f-f284-4854-ab1c-387a094fad8e
- author
- Kianzad, Behrang LU
- publishing date
- 2020
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Case note
- in
- GRUR International
- volume
- 69
- issue
- 1
- pages
- 91 - 105
- publisher
- Oxford University Press
- ISSN
- 2632-8623
- DOI
- 10.1093/grurint/ikz002
- language
- English
- LU publication?
- no
- id
- 49d4570f-f284-4854-ab1c-387a094fad8e
- date added to LUP
- 2024-09-28 13:50:30
- date last changed
- 2024-09-30 13:50:57
@article{49d4570f-f284-4854-ab1c-387a094fad8e,
abstract = {{The present article grapples with the concept of de minimis in European copyright law in light of the ruling by the Danish Supreme Court in Würtz v Coop Denmark. The article begins with a brief background of the case. The second section delves into the concept of de minimis and its origins and framing in European copyright law. The third section compares the concept to US legislation and case law in order to show similarities and differences in the chosen approaches to the concept. The fourth part concludes and re-connects with a recently decided German case before the CJEU in regards to the concept of de minimis as well as some notes on Swedish Law.}},
author = {{Kianzad, Behrang}},
issn = {{2632-8623}},
keywords = {{Case note}},
language = {{eng}},
number = {{1}},
pages = {{91--105}},
publisher = {{Oxford University Press}},
series = {{GRUR International}},
title = {{De minimis exception when using applied art in marketing materials}},
url = {{http://dx.doi.org/10.1093/grurint/ikz002}},
doi = {{10.1093/grurint/ikz002}},
volume = {{69}},
year = {{2020}},
}