Case Law

674 articles available

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…

 One of the most awaited copyright rulings of 2019 –  Nederlands Uitgeversverbond and Groep Algemene Uitgevers v Tom Kabinet Internet BV and Others (C-263/18), on the admissibility of digital…

Although the time limit for the claim that Phil Everly was a co-author would begin running when Phil’s authorship was repudiated by Don Everly, factual issues precluded summary judgment on the issue…

Like the very similar Patent Remedy Act previously invalidated by the Court, the Copyright Remedy Clarification Act failed to abrogate States’ sovereign immunity. Congress lacked the authority to…

Although the claims failed, the district court did not abuse its discretion in rejecting the defendants’ request for a fee award because the plaintiff’s positions were not objectively unreasonable…

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…