Very few institutions were prepared for the transition to distance learning. Although most teachers would have been familiar with online learning platforms and communication services, the swift move…
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…
On 29 July the Court of Justice of the European Union (CJEU) finally rendered its long-awaited judgment in Case C-476/17, Pelham v Hütter and Schneider-Esleben., together with its judgments on two…
The right to freedom of expression is of paramount importance for a democratic society. When balanced with other fundamental rights, Article 10 of the European Convention of Human Rights affords…
Introduction
The CDSM Directive introduces exceptions or limitations (E&L) for three different purposes. These are (as already outlined here) text and data mining (Articles 3 and 4), cross-border…
In its judgment of 19 December 2018 in Criminal proceedings against Imran Syed (C-572/17) the Court of Justice of the European Union (CJEU) rules that the storage of copyright infringing items…
On 12 December 2018 Advocate General (AG) Szpunar delivered his Opinion in Case C-476/17, Pelham. The case concerns the practice of sampling, i.e. the reproduction of minimal parts of a phonogram…
The relation between freedom of expression and copyright in the EU is one of imprecision and uncertainty. In Funke Medien (Case C-469/17) the German Federal Supreme Court (BGH) asks whether…
The right of distribution is the least controversial of the three exclusive rights contained in the Information Society Directive (InfoSoc Directive). Yet, every now and then the Court of Justice of…
