- Introduction
- Patents in Europe
- Trade Marks in Europe
- Copyright in Europe
- Design Protection in Europe
- Plant Variety Rights in Europe
- Intellectual Property and Free Movement of Goods
- Intellectual Property and Article 81
- Intellectual Property and Joint Ventures
- Article 81, Distribution and Franchising Agreements
- Abuse of a Dominant Position
- Proceedings involving IPRs and Competition Law
- Enforcement of IPRs and Border Controls
- Jurisdiction and Intellectual Property
Copyright in Europe
in
Remedies
para.4-125. In C-275/06 Productores de Música de España (Promusicae) v Telefónica de España SAU, an organisation of publishers and producers of audio and audiovisual recordings sought an order against Telefonica, an internet service provider, to provide names and contact information concerning persons using a peer-to-peer file sharing program, KazAa, which is widely used for the purpose of its users uploading and downloading infringing sound recordings. The Spanish court ordered the disclosure. However, Telefonica sought a preliminary ruling from the ECJ on the grounds that such interfered with, inter alia, the rights of individuals under the various data protection laws. The ECJ rather ducked the issue saying that national courts must strike a "fair balance" between the competing rights, namely the right of musical publishers to be able to prevent infringement of their copyright and individuals' right to privacy.
