Case Law

 ECHR Decision of the ECtHR (5th section) of 19 February 2013. Case of Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden, Appl. nr. 40397/12. By Dirk Voorhoof, Ghent University and…

 Last week, the European Court of Justice ruled in a preliminary ruling that live streaming of television channels is a 'communication to the public' within the meaning of the EU Copyright Directive …

 The European Copyright Society, a group of prominent European scholars, today issued an opinion on the Svensson case (Case C-466/12), which is currently before the European Court of Justice. The…

 "In the absence of any claim from the phonogram producer, or its assigns, the natural or legal person who publicly, peacefully and unambiguously exploits recordings, is deemed to be the holder of…

 The CJEU states that Article 15(6) of Directive 2010/13/EU on short news reports is compatible with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union. On 22 January 2013…

 On 15 January 2013, the French Constitutional Council declared unconstitutional Article 6, paragraph II, of the law on private copying levy (Law No. 2011-1898). This provision retroactively…

 The usefulness of a computer program is not sufficient to characterise the originality of the program. There is nothing more subjective, and often arbitrary and unfair, than the notion on which…

 Supreme Court of the Netherlands, 23 November 2012,  Foundation for Public Lending vs. Association of Public Libraries. Lending right.  According to the Supreme Court of The Netherlands there is no…

 “He decides to write an alternative super hero tale, and uses his partner Thomas’ identity. So the real Thomas turns into the fictive super hero in the book.” This is a story that started out with…