26 May 2014

Important victory for copyright law

Recently, the Eastern High Court increased the ruling of the Court of Frederiksberg in the case concerning BT's violation of the copyrights to Ninka's book on Helle Thorning-Schmidt "Helle – i samtaler med Ninka" published by the publishing company Kastaniehøj. The ruling is important as it clearly states that copyrights must be respected.

The Eastern High Court has increased the city court ruling concerning the newspaper BT's violation of the copyrights to Ninka's book on Helle Thorning-Schmidt.

In 2012, the Court of Frederiksberg awarded damages of DKK 250,000 to the publishing company Kastaniehøj for BT's violation of the copyrights to the book. BT unsuccessfully appealed against the ruling, as the Eastern High Court also found that the damages awarded were appropriate. Further, the High Court found that the violation of the copyrights was of such significance that the journalists as well as the former chief editor were also to pay a penalty of DKK 5,000.

The reason for the case was that, on 22 May 2011, BT had published eight major transcripts from the book about Helle Thorning-Schmidt - at that time, the opposition leader - without obtaining consent and contrary to the citation rules. The transcripts were taken from a copy of the book that BT had received for review, and they were published in the newspaper two days before the book was going to be released. The transcripts concerned a large number of central sections from the book leaving the readers with the impression that, by reading BT's transcripts, they had read the principal content of the book and did therefore not have to buy it.

IMPORTANT RULING

Attorney Nina Henningsen, partner and head of Media & Entertainment at Horten, represented Ninka and the publishing company. She is satisfied with the ruling:

"The ruling is important because it clearly emphasises that the right to quote a book is restricted, and that there is a notable consequence if newspapers and other media do not obtain consent from the publishing company and the author when publishing major transcripts. At the same time, it is a spectacular and important ruling because it clearly marks that copyrights are important and must be respected. It is a very central message in a time when it has never been easier to copy material protected by copyright such as e.g. text, music or film."

Also Anja Lykkeberg, executive officer of the publishing company, is happy about the ruling:

"I am very relieved and happy that the Eastern High Court stated so clearly that journalists must take copyrights seriously, and that damages are of such size that it is not worth copying other peoples' work for you own financial gain. It is a great victory for the publishing industry - and for honest journalism", says Anja Desirée Lykkeberg.

contacts

Gambling news from Denmark October 2017

17 October 2017

A brief update on current affairs on the Danish gambling market.

Compliance: E-leaning in competition law

20 September 2017

Horten now offers e-learning in competition law tailored to each company.

European ip rights in Great Britain after Brexit

19 September 2017

Great Britain's exit from the EU will create uncertainty for both British and EU27 companies in relation to the extent and protection of intellectual property rights in Great Britain. It is therefore of great interest and importance to clarify the consequences of Great Britain’s exit and how to handle them.

The edtech company Labster announces Series A investment

7 September 2017

Labster recently announced a Series A investment round of $ 10 million with the participation of the venture capital funds Balderton Capital and Northzone.

The Maritime and Commercial High Court states: Hästens' trademark infringed

18 August 2017

The Maritime and Commercial High Court has ruled that Hästens Sängar AB’s blue check pattern is a (well-known) trademark in Denmark. The manufacturer Nordicform AS, Magasin and a number of other distributors have thereby infringed Hästens’ trademark rights and violated the Danish Marketing Practices Act by selling bedclothes with the blue check pattern, and they must pay compensation.

The world’s largest e-sports tournament is coming to Denmark

14 August 2017

In December 2017 and for the next two years, Arena Fyn in Odense will host the finals of the world’s largest e-sports tournament - ESL Pro League - in the computer game Counter Strike. Horten has assisted Odense municipality in connection with the legal framework of the tournament.

Still waiting for a European Patent Court

20 June 2017

The agreement concerning the European Patent Court is once again delayed. The agreement concerning the establishment of a so-called unitary patent and a joint patent court was planned to come into force in December 2017, but this will presumably not be the case.

White Paper concerning the data protection regulation has arrived

29 May 2017

The Ministry of Justice has now published the long awaited White Paper concerning the data protection regulation and the legal framework for Danish legislation in this respect.

Honors to M&A partner Lise Lotte Hjerrild

25 April 2017

Partner Lise Lotte Hjerrild is appointed to the Steering Group of the International M&A and Joint Venture Committee of the American Bar Association and Women in Law Awards 2017.

Horten advances in new Chambers and Legal 500 rankings

19 April 2017

In 2017, the leading international ranking agencies, Legal 500 and Chambers, are once again ranking Horten among the best law firms in Denmark.

Gambling news - April 2017

1 April 2017

This is a brief update on current affairs at the Danish gambling market. This update addresses the status on the new Danish Anti Money Laundering Act and update on the Swedish liberalization.

Four new specialised attorneys at Horten

7 March 2017

Horten has appointed four new specialised attorneys having in-depth professional and commercial expertise within personal data law, environmental and planning law, energy and supply law and tax law.

Gambling news - March 2017

1 March 2017

This is a brief update on current affairs on the Danish gambling market.

New action plan for the implementation of the regulation on data protection

30 January 2017

The Article 29 group has adopted a new action plan listing which subjects the group will prioritise in 2017 to ensure an effective implementation of the regulation on data protection.

Data protection officer – who, when, what?

12 January 2017

The so-called Article 29 group has adopted a set of guidelines covering data protection officers, which will provide more clarity with regard to the data protection officer's assignments, position and liability.

Global Leaders in Law appoints Horten as exclusive partner for Denmark

10 January 2017

Global Leaders in Law, the leading global general counsel forum based in London, and Horten has announced partnership. Appointed as a global bronze partner, Horten will sponsor the activities of Global Leaders in Law in 2017.

Gambling news - December 2016

1 December 2016

This is a brief update on current affairs on the Danish gambling market.

Greenland adopts personal data act

22 November 2016

From 1 December 2016, the Personal Data Act became effective in Greenland at the request of the Greenland Home Rule. The Act replaces the data protection legislation from 1978, which has applied in Greenland until now.

Dynamic IP addresses may constitute personal data

19 October 2016

The European Court of Justice recently ruled in C-582/14 that a dynamic IP address may constitute personal data.

Aid to the Eurovision Song Contest was not illegal under municipal and state aid law

14 October 2016

On 12 October 2016, the Ministry of Social Affairs and the Interior concluded in a statement that the aid provided through Projektselskabet by the City of Copenhagen and the Capital Region of Denmark to the Eurovision Song Contest in 2014 was legal.

The Data Protection Agency: Understand the requirements for employees' processing of personal data

7 October 2016

In a recent decision, the Data Protection Agency criticised a municipality's control of the data security based on unauthorised persons' access to sensitive personal data stored on an employee's private IT equipment.

Horten on two committees at the Confederation of Danish Industry, DI

3 October 2016

DI has re-appointed Søren Hornbæk Svendsen as member of the Energy and Climate Policy Committee and Nina Henningsen as member of the Media Policy Committee.

Internet media under pressure because of new EU ruling

15 September 2016

The latest ruling on hyper links and copyright confirms previous case law and adds a new rule of presumption, which may threaten the existence of some Internet media.

Easier for customs to stop copied products

14 September 2016

According to new EU rules, the owner of a product must, in the event of a trademark dispute, prove that the product is not a copy.

Circle K wins over OK in legal action concerning a new logo - Horten assisted Circle K

25 August 2016

Horten has assisted Circle K in a legal action against OK. OK claimed that Circle K's new logo infringed the company's trademark rights to OK and was therefore contrary to the Trademark Act.

New rules on trade secrets in the pipeline

27 June 2016

At the end of 2013, the European Commission presented a draft directive on the legal protection of trade secrets. After more than two years' negotiations between the European Commission, the European Parliament and the Member States, political agreement was reached on a final draft shortly before Christmas. The revised directive was finally adopted by the Council on 26 May 2016.

New agreement on municipalities' economy in 2017

13 June 2016

The day after the Government and the Danish Regions presented an agreement on the regions' economy in 2017, it was published that the Government had also concluded an agreement with KL on the municipalities' economy in 2017.

Horten is promoted to the gold tier for 2016 in IAM Patent 1000

8 June 2016

Glowing reports from peers and patrons see Horten promoted to the gold tier for 2016. It is “a force to be reckoned with in high-stakes litigation”.

New ratings from the international reference book Legal 500

4 May 2016

There are several good news for Horten in the new rankings, among these to new Tier 1-ratings in Media & entertainment and Telecoms.

Final adoption of the new personal data regulation

14 April 2016

The European Parliament has adopted the new personal data regulation together with the rest of the data protection reform.

New association: The Danish association for marketing law

13 April 2016

11 of Denmark's leading experts within marketing law have established the Danish Association for Marketing Law. The association's first arrangement will take place on 3 May and focus on hidden advertising.

International women lawyers discuss the future of the legal profession

6 April 2016

Horten participates when 150 lawyers from all over the world meet in Berlin on 7-8 April under the headline "Law in a changing world – how women can contribute to innovation of the legal profession".

Gambling news - April 2016

1 April 2016

This is a brief update on current affairs at the Danish gambling market.

Horten Corporate Day 2016 - Danish companies at the forefront

18 March 2016

At Horten's Corporate Day 2016 on 16 March, Danish and foreign executives and experts gave their views on the trends and opportunities of the Danish business sector. Horten will repeat the success next year with Horten Corporate Day 2017.

Publication of draft Privacy Shield between the EU and the USA

8 March 2016

At the beginning of February 2016, it was reported that the European Commission and the USA had politically agreed on a new scheme replacing the Safe Harbour scheme concerning transfer of personal data from the EU to the USA.

The Eastern High Court: Pressalit infringed Tivoli's trademark and breached the licence agreement

2 March 2016

In January 2016, the Eastern High Court ruled in the appeal proceedings between Tivoli A/S and Pressalit Group A/S.

Gambling news - March 2016

1 March 2016

This is a brief update on current affairs at the Danish gambling market.

New online dispute portal and requirements for web shops

19 January 2016

In the future, all Danish and EU web shops must link to the pan-European online dispute portal ODR (Online Dispute Resolution). ODR will be available from 15 February 2016.

New survey: Horten among the best within trademarks

18 January 2016

The recognised international magazine World Trademark Review (WTR) elects Horten as one of the country's leading advisers within trademark law.