Case Law

668 articles available

Infringement claims based on failure to obtain licenses for three other songs failed because the plaintiff licensing company did not hold exclusive rights in those works. The vocal music director of…

 The Spanish Supreme Court has ruled in a case concerning the infringement of copyright of a student whose professor reproduced, without the former’s consent, certain sections of the student’s…

 On 12 June 2019, the High Court of the Netherlands referred four questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling. The questions concern an ongoing battle…

Jury instructions not erroneous or prejudicial to plaintiff; court dumps "inverse ratio rule" providing for lower standard of proof of substantial similarity when a high degree of access is shown…

Because hard drives used in audio recording devices in cars sold by Ford, GM, and Chrysler did not contain "only sounds," they were not covered by the Audio Home Recording Act of 1992. The Alliance…

The paintings, although temporary, had achieved "recognized stature" as artworks and were protected by the Visual Artists Rights Act. Artists who created "aerosol art" paintings on the exteriors of…

 On 28 March 2019, the German Federal Court (BGH) was asked to review a lower court’s decision on the legality of the unauthorised uploading of the 30 day free trial version of Microsoft software on…

 Part I of this post provided an overview of the facts of the case and the recent opinion of AG Campos Sanchez-Bordona. Overall, the opinion is a mixed result. It makes some good points but also some…

 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…