Case Law

Although the defendant had allegedly illegally used the claimant's software on only three days (over a period of two months), the court found it justifiable to award monetary damages in an amount…

The French Supreme Court sets out, for the first time since the ECJ Deckmyn case of 2014, the criteria for the copyright exception for parody. Case date: 22 May 2019 Case number: 18-12718 Court:…

Exceptions to hearsay rule did not apply to songwriters’ evidence of copying against members of rock band who allegedly copied the songwriters’ bass riff when creating the band’s own song. Two…

 European Court of Justice decisions of July 29, 2019 (C-469/17  and C-516/17) The abuse of copyright as a "legal weapon" to suppress press reports is not a new development - for decades authors and…

On 10 September 2019, AG Szpunar delivered his opinion in Nederlands Uitgeversverbond and Groep Algemene Uitgevers v. Tom Kabinet (C-263/18), concerning the lawfulness of Tom Kabinet’s sale of second…

 The turbulent relationship between copyright law and the freedoms of information and expression lies at the heart of the recent decision of the Court of Justice of the European Union (CJEU) in the…

 On 29 July 2019, the CJEU delivered its hotly awaited decision in the case Spiegel Online GmbH v Volker Beck (C 516/17). The decision is part of a trilogy of preliminary references raised by the…

 On 12 September 2019, the CJEU held that according to article 2(a) of Directive 2001/29 (the InfoSoc Directive), Member States’ copyright laws can no longer protect models (in other words works of…

On remand, the district court must apply the Fogerty factors in determining whether the photographer is entitled to an attorney fee award. Given its determination that a media company committed…