Case Law

674 articles available

The right of communication to the public has proved to be one of the most intriguing concepts of EU copyright law. The CJEU has had to decide on its scope of application in a variety of cases both in…

A full report of this case has been published on Kluwer IP Law. The French Supreme Court upheld a judgment of the Court of Appeal of Paris that found an individual guilty of reproducing sculptures of…

Flo & Eddie, Inc.—owner of recordings by 1960s pop group The Turtles and created by former Turtles vocalists Mark "Flo" Volman and Howard "Eddie" Kaylan—has sustained a decisive blow in its attempt…

 Placing a copyright-infringing armchair in a hotel lobby does not qualify as “distribution”, but displaying a photo of it on the hotel’s website does qualify as “making available” under copyright…

A seller of computer aided design (CAD) files used for steel detailing services could have infringed a software provider’s CAD program by downloading an unauthorized copy of the program, the U.S…

 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)…

 United Kingdom unregistered design right (“UDR”) cases are complicated.  The precise nature of the UDR claimed is often difficult to express (from a claimant perspective) and often difficult to…

 Introduction from the editors Last week, the UK Supreme Court handed down its judgment in R (Miller) v Secretary of State for Exiting the European Union, a case in which the court had to determine…

 On 22 November 2016, the Court of Appeal of Amsterdam decided the case Pearson v. Bär Software (the judgment is only available in Dutch). The judgment seems remarkable in light of the CJEU’s earlier…