Case Law

This post was first published on the new Kluwer Regulating for Globalization Blog. On September 14, 2017, the EU Court of Justice issued a preliminary ruling in Case C-177/16, Akka-Laa, on excessive…

Introduction and background Case C-265/16, VCAST, concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to…

 Have you ever given an idea to a friend, who then weaved that idea into their work? Did you feel that you should be recognised for your idea being included even though what you contributed was…

 The Austrian Supreme Court has recently shed some light on the requirements for the admissible quotation of photos (judgment of 26 September 2017, 4Ob81/17s). In this case, a photographer had taken…

In this case the Supreme Court of Estonia analyses the legal issues involved in providing internet marketing services via Facebook and Google Adwords platforms. The court emphasises that the…

The French Supreme Court held that the costs relating to the blocking measures ordered by the courts are strictly necessary for the preservation of the intellectual property rights and that the…

The CJEU held that the concept of ‘lending’, within the meaning of Article 1(1), Article 2(1)(b) and Article 6(1) of Directive 2006/115/EC, covers the lending of a digital copy of a book where the…

The Polish Supreme Court held that the creative (original) nature of a work protected by copyright may manifest itself in the creative, new and simplified combination of known elements e.g. insurance…

 On 7 September 2017, AG Szpunar delivered his opinion on Case C-265/16, VCAST. The case concerns the question of whether the private copying exception covers the services of an online platform that…