JŠK Legal Flash
The Court of Justice of the European Union has established sampling rules
Sampling may constitute an infringement of the rights of the producer of the audio recording if carried out without his permission. Such was the conclusion of the Court of Justice in a preliminary ruling in a dispute involving electronic music pioneers Kraftwerk, which has been raging before the German courts for 20 years, concerning a two-second sample from the song Metall auf Metall. Although the sampling technique itself falls within the freedom of the arts protected by the EU Charter of Fundamental Rights, according to the Court, a sample can be used to create a new work without the producer's consent only if it is not recognisable in that work. Otherwise, it is a partial reproduction of that audio recording, and as such, falls within the exclusive right granted to the producer of the recording.
(Judgment of the Court of Justice dated 29 July 2019. Case C-476/17)
ECJ: Website operators could face legal risk over Facebook's ubiquitous "Like" button
The European Court of Justice (ECJ) ruled that website operators, along with Facebook Ireland, may be responsible for collecting and sharing their users' personal data. The Facebook plugin embedded on the website upon loading the webpage transmits to Facebook some personal information of the users of the website (such as their IP addresses) without their knowledge and regardless of whether they are also its users. According to the ECJ, the operator can therefore be regarded, together with Facebook, as a controller within the meaning of Directive 94/46 for the purposes of collecting and transmitting the data in question and should obtain prior consent from their users to such processing. This judgment was delivered in a preliminary ruling and is thus binding for other national courts dealing with a similar problem. It is expected that the conclusions set out therein can also be applied under the GDPR.
(Decision of the Court of Justice from 29 July 2019. Case C-40/17)
EU Regulation eliminates Requirement of Legalisation for certain foreign public documents
The EU regulation sets out further simplification of administrative formalities for the circulation of certain public documents between EU member states authorities. Certain public documents will no longer require an apostille when presented to other Member States authorities. EU citizens can also request a multilingual form which will (if it is considered sufficient by an EU member state authority) abolish the necessity for translation of the document. The regulation (besides other documents) also relates to the evidence of the absence of a criminal record, which seems very useful when appointing foreign persons into company bodies. Although the regulation has been fully effective since February of this year, it is not yet widely used.
(Regulation 2016/1191 of the European Parliament and of the Council of 6 July 2016)