Case C‑572/13, HP v. Reprobel, 12 November 2015
By Philippe Laurent and Céline Wulleman, Marx Van Ranst Vermeersch & Partners
As we know, Member States may adopt exceptions to the reproduction right…
Decision of the German Bundesgerichtshof (“BGH”) of July 9, 2015, file no. I ZR 46/12 (“Die Realitaet II”)
The CJEU confirmed in Svensson that linking to content may be a public communication where…
In response to a reference from the Bundesgerichtshof (Germany), the CJEU ruled that geographical information extracted from a topographic map by a third party in order to produce and market another…
A copyright claim brought by hip-hop artist Tyrone Simmons—who purchased an exclusive license to use a beat known as the “I Get Money Instrumental”—against the beat’s creator (William Stanberry, Jr.)…
It is beyond dispute that Anne Frank’s diary is of great historical value. A recent Dutch court decision confirms this, in a case that perfectly illustrates the tension between freedom of scientific…
The Swedish Supreme Court considered under what circumstances, and to what extent, a penalty payment can be imposed on a company that has been prohibited under penalty of a fine from selling an…
The French Supreme Court stated that the lower courts must take into consideration all the choices of the author in order to decide whether a work is original and therefore protected by copyright law…
In response to a reference from the Brussels Court of Appeal, the CJEU held that Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting…
The Court of Appeal ruled that the resale of used e-books by Tom Kabinet was permitted based on the CJEU’s UsedSoft ruling, although that case dealt with the sale of second-hand software…
