Case Law

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A defamation claim, too, was precluded by the Communications Decency Act. A federal district court in Boston correctly found that the manager of a neighborhood forum could not expose himself to…

  Photo by PJ Gal-Szabo on Unsplash Introduction The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del…

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2022 round up of EU copyright law! We started this rubric back in 2021. In this series, we update readers every three months…

Use of the author's quote on a high school Twitter account was educational rather than commercial because it clearly was intended to inspire high school athletes, and the school obtained no profit…

  Photo by Jonas Jaeken on Unsplash In this contribution, we look at the future of content moderation after the recent decision of the Grand Chamber of the CJEU of 26 April 2022 on the validity of…

  Photo by CardMapr on Unsplash The Austrian Supreme Court held that YouTube – as a host service provider - was not responsible for copyright infringements by its users as long as it was not put on…

  Photo by S. Hermann & F. Richter via Pixabay An interesting case recently decided by the Italian Supreme Court (Corte di Cassazione) has focused on whether the slogan “500% FIAT” can be…

  Photo by Panos Sakalakis on Unsplash The UK High Court has declared that Ed Sheeran’s mega-hit “Shape of You” does not infringe copyright in Sami Switch’s lesser-known song “Oh Why” ([2022] EWHC…

The district court’s rejection of the employee’s qualified immunity arguments on summary judgment was nonappealable. The U.S. Court of Appeals in New Orleans lacked jurisdiction to hear an appeal of…