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The Ruling of the Court of Justice in Soulier Revisited
Florence-Marie PirouFollowing an interlocutory question from the French Council of State, in a dispute concerning the legality of the decree of 27 February 2013 on the application of the law of 1 March...
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Liability of Online Service Providers for Copyright Protected Content –...
Jan Bernd NordemannIn an in-depth analysis for the European Parliament, the author has looked at liability of online service providers with regard to infringements concerning copyright protected...
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Comments on Article 13 and related provisions in the JURI Committee Report...
Adj. Prof. Dr Silke von LewinskiIn the run-up to the Plenary vote of the European Parliament in June and again currently, some academics and other voices have criticized the JURI Committee Report...
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Reflections on the CJEU’s judgment in Spiegel online: is there a golden...
The turbulent relationship between copyright law and the freedoms of information and expression lies at the heart of the recent decision of the Court of Justice of the European Union (CJEU) in the case...
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Sample, sample in my song, can they tell where you are from? The Pelham...
The first part of this blogpost discussed the interpretation given to the right of phonogram producers under Article 2(c) of Directive 2001/29/EC (InfoSoc Directive) and Article 9(1)(b) of Directive...
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Copyright case: Cofemel, European Union
The Court of Justice of the European Union (CJEU) defines the principle of cumulative protection under the systems for protection of designs and of works, in order to clarify the circumstances in which...
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AG Campos Sanchez-Bordona’s opinion in Brompton Bicycle – The good, the bad...
This case concerned the famous Brompton bicycle which can be folded to carry away after use (Case C‑833/18, SI, Brompton Bicycle Ltd. v. Chedech / Get2Get). The bike was once protected by a patent and,...
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An update on the Hungarian implementation process of the CDSM Directive
Following a long and winding procedure, Directive 2019/790 on Copyright in the Digital Single Market (CDSM Directive) and the SatCab 2.0 Directive (2019/789) were adopted last year. EU Member States...
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Art. 17 DSMCD: a class of its own? How to implement Art. 17 into the existing...
Part 1 of this post illustrated the criteria differentiating Article 17 of the EU Directive on copyright and related rights in the Digital Single Market (“DSMCD”) from Article 3 InfoSoc Directive and...
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Article 17 of the Copyright Directive: Why the German implementation proposal...
In a recent two part post on this blog, our esteemed colleagues, Jan Bernt Nordemann and Julian Waiblinger, argued that our 2019 working paper and the German implementation proposal reading of Article...
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Article 17 of the Copyright Directive: Why the German implementation proposal...
In Part 1 of this blog post we addressed certain criticisms from our esteemed colleagues Jan Bernt Nordemann and Julian Waiblinger to our 2019 working paper and the German implementation proposal of...
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Looking for the edge of Article 3 InfoSoc Directive and finding it twice – in...
By now everyone in the world must have heard of Sweden, especially European copyright lawyers. This post concerns two recent preliminary rulings from the CJEU, both at the request of Swedish courts. As...
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Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility...
This post is the first instalment of a synopsis of the doctoral thesis the author defended at Universidade Católica Portuguesa (Lisbon) on 25 September 2020. The thesis was recently published by Kluwer...
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Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility...
This post is the second installment of a synopsis of the doctoral thesis the author defended at Universidade Católica Portuguesa on 25 September 2020. The thesis was recently published by Kluwer Law...
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Implied consent, a natural digital mediator of copyright interests
“Hand prepare for flip a coin” by wuestenigel is licensed under CC BY 2.0 Copyright law continues to confront an age-old question: how to best balance copyright interests? This year marks the 20-year...
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The InfoSoc Directive and the Right to Repair: exploring the boundaries of a...
Image by Matt Seymour Repair and maintenance information is often crucial for the repair of today’s increasingly complex and computerised products and devices. Copyright’s subsistence in repair manuals...
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The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception
Image by Alexa from Pixabay As succinctly noted by Susan Bischoff in a prior post, the ongoing legal saga surrounding the ‘Metall auf Metall’ case continues to yield legal insights. Presently, a new...
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Creative reuse online: How can all forms of creativity be supported?
Photo by Jr Korpa on Unsplash Free spaces in copyright law are fundamental. They allow us to use and enjoy copyright works, ultimately supporting the creation of future works. Yet, since the...
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Silence can be as explicit as words. The AG’s Opinion in Kwantum v. Vitra
The Advocate-General’s opinion in the Kwantum v. Vitra referral is remarkable in several ways. The case concerns the protection under Dutch copyright of the iconic “DSW” chair designed by American...
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Additional Remuneration Rights for Online Streaming on Reference to the CJEU
Image by yousafbhutta from Pixabay On 26 September 2024, the Belgian Constitutional Court referred a highly topical issue of fair remuneration of authors and performers on online streaming platforms to...
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