Case Law

 "When providing healthcare in healthcare facilities, there is no obligation to pay remuneration for communication to the public of copyright works. But, is a hotel room where occasionally health…

 “This finding could have been considered predictable, if it wasn’t for  a special provision in the Greek Constitution that safeguards participation in the information society.” Is obliging ISPs to…

 “It held that in the case of a normally developed 13-year old child the condition “fulfils the requirements of his duty to supervise” is met when the parents regularly advise and instruct their…

 In its recent judgement in the Auto24.ee-case, the Estonian Supreme Court established that an authors' agreement for assigning economical copyrights is deemed to be signed when the user of database…

 “What seems to lack in the decision of the Court, at the end of the day, is a clear test of what constitutes a structural element in the 'embryonic stage'. Last 19 October 2012, the Italian Supreme…

 "The judgment casts a spotlight on a distinct feature of collective rights management in Germany and the difficulties that may ensue for creators and users of musical creations who want to license…

 On 13 September 2012, three months after the first ruling in a case opposing the French TV channel, TF1, to YouTube, the Paris Court of First Instance (Tribunal de Grande Instance) issued a second…

 By Benjamin Schütze, Institute of Legal Informatics, Leibniz Universität Hannover “Since its introduction in 2003, the provision marks the centre of a controversy between schools and institutions of…

 Lower courts have shifted from a notice and take down rule (provided by the e-commerce Directive and the LCEN) to a notice and stay down rule (created by the judges). This interpretation was…