Case Law

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The use of a photograph of a politician with a child, in combination with a satirical text, in a self-advertisement of a news magazine, is not covered by the freedom of satire when the satire does…

In this decision the Court of Cassation confirmed that Dailymotion was an online intermediary provider, who did not intervene in the content and choice of videos posted by users on its platform. In…

As mentioned in a previous post, on 22 March 2011 the Spanish Audiencia Nacional (High Court) annulled for formal reasons the Spanish ordinance that determines which digital reproduction equipment…

What is and what is not a copyright work is a question even copyright lawyers find difficult to answer when confronted with subject matter on the verge of the required standard of originality. Polish…

In case C 393/09, the ECJ decided that a GUI is not a form of expression of a computer program and cannot therefore be protected by copyright as a computer program under Directive 91/250/EEC. Indeed,…

The variation of the Austrian National Anthem by setting it to a modernised "rock-version" of the classic tune and by changing the line "You are home to great sons" to "You are home to great sons and…

According to the Austrian Supreme Court, the EU Copyright Directive 2001/29/EC harmonises the right of communication to the public, assuming a consistent European term of publicity. The right of…

The defendant, the so-called "cooperative of CD co-owners", abuses the 'personal use' exeption under Article 30 of Copyright, together with the three-step-test under Article 29(1) of Copyright Act,…

The issue of protection of the neighbouring rights of Greek actors in Cyprus has been examined recently by the District Court of Nicosia. The case concerned the broadcasting of Greek movies by a…