Case Law

According to French law, to fall under the parody exception, the second work must evoke the pre-existing work and present significant differences from it so there is no possible confusion with the…

  The Conseil d’Etat, the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. 2021-580 of 12 May 2021 (‘2021 Order’) of the French…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Tanguy Van Overstraeten & Richard Cumbley, Brace! Brace! Brace! The Wave of…

  Photo by Donald Giannatti on Unsplash In April 2021, the Austrian Supreme Court referred two questions of principle to the CJEU concerning the activity of a satellite TV package provider (Austrian…

Although the company’s description of each individual skill may not have been copyrightable, its selection and arrangement of those skills merited protection. A federal district court properly found…

  Image by mohamed Hassan from Pixabay The principle of ‘de minimis’ is a common law principle that has been derived from the Latin maxim ‘De Mimimis Non-Curat Lex’, which essentially means that the…

It seems inevitable that UK copyright law will change at some stage. It increasingly appears that judges are waiting for a case which requires the inconsistencies between EU and UK copyright law to…

Photo by Brandi Redd on Unsplash In Safarov v. Azerbaijan (Appl. no. 885/12) the European Court of Human Rights (ECtHR) finds that the defendant State violated Article 1 of Protocol No.1 to the…

The photographer’s mere showing of removal of embedded copyright management information (CMI) in hotel photographs is insufficient to meet the scienter requirement. The federal appeals court in…