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…
25 July 2018 marks a new episode in the Heks’nkaas saga. After tumultuous court proceedings at the national level and before the European Court of Justice, Advocate General M. Wathelet delivered his…
On 7 September 2017, AG Szpunar delivered his opinion on Case C-265/16, VCAST. The case concerns the question of whether the private copying exception covers the services of an online platform that…
On 8 February Advocate General Szpunar handed down his Opinion on Stichting Brein v Ziggo. The case is significant, as it represents the first time that the liability of an internet intermediary for…
On December 8th 2016, Advocate General (AG) Campos Sánchez-Bordona delivered his opinion in Case C‑527/15- Stichting Brein v Jack Frederik Wullems, acting under the name of Filmspeler (Filmspeler)…
On 8 September 2016, AG Wahl presented his Opinion regarding the nature of the competence of the EU to conclude the Marrakesh Treaty (Opinion procedure 3/15). In the AG’s view, [*spoiler alert*] the…
The prior express consent of the author is necessary to use a copyright work under EU law; the statutory presumption of collective management of copyright doesn’t comply with the need for express…
1. Introduction
The internet has been a challenge for copyright since its advent two decades ago. Many questions have now been answered. It is surprising, however, that one of the main internet…
On the 7th of April AG Wathelet issued his Opinion in the GS Media case (C-160/15). The case concerned the provision by GS Media of hyperlinks that directed users to Filefactory.com, an Australian…
