Blocking injunctions against internet service providers (ISPs) remain one of the most interesting and litigated issues of contemporary copyright law. Though the concept of blocking injunctions per…
As yet, no federal appeals court has addressed whether a human body part may qualify as a tangible medium of expression for copyright purposes, but this one came close.
In a suit in which a makeup…
In addition to the low likelihood of success on the merits, the threat of imminent harm was eliminated, given that the Christmas show that Enchant sought to stop had already come and gone.
The denial…
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 author commented on the Advocate…
Register’s opinion needed to determine validity of textile designer’s "single-unit registration" for 31 separate designs that were not released at the same time.
In a case in which textile designer…
Copyright is an engine for knowledge. Although copyright creates monopolies, it should not be considered as a good in itself, but as a tool which can be used to achieve societally desirable…
Drake’s use of the lyrics for a 35-second sample of another song was transformative, the amount used was reasonable, and there was no evidence his use negatively affected the sampled song’s market…
ORF/Facebook - First follow up ruling after CJEU C18/18 – Glawischnig/Facebook
First, a little bit of history. Back in 2016, a Facebook post containing an article with a photograph of the former…
German Federal Supreme Court (Bundesgerichtshof) decisions of April 30, 2020 ( I ZR 139/15 and I ZR 228/15)
Recently, the German Federal Supreme Court issued press releases in two cases which are…
