In a judgment of 17 March 2016, the Cour de cassation, the French Supreme Court, ruled that the judicial courts are required to assess and award the remuneration for private copying in situations…
In this decision, the CJEU tackled an international jurisdiction issue, since what was essentially under debate in the main proceedings was the applicability of Article 5(3) of Regulation 44/2001 on…
The French Supreme Court confirmed that a writ of summons for infringement of intellectual property rights must determine and specify the elements for which protection is sought, as well as the…
The court held that the defendant did not infringe the claimant’s copyright or database rights beyond the infringements already admitted, as none of the defendant’s customers apart from one had…
The CJEU has recently ruled on yet another case seeking to determine the meaning of ‘communication to the public’, this time in the context of broadcasting television to patients in a rehabilitation…
1 Background, facts and questions
On 9 June 2016 the CJEU ruled on Case C-470/14 - EGEDA and Others (‘EGEDA’). This marks the tenth occasion on which the Court has ruled on the private…
A magistrate judge properly ruled that a property owner who had intentionally burned a replica of a 16th-century Spanish galleon—a work of art that two plaintiffs had constructed over a used school…
In a judgment of 17 March 2016, the Cour de cassation, the French Supreme Court, ruled that the judicial courts are required to assess and award compensation for private copying in situations where a…
The question referred to the CJEU in the Austro-Mechana case (C-572/14) was whether a claim for payment of fair compensation for private copying, as per Article 5(2)(b) of Directive 2001/29, can be…
