Case Law

668 articles available

A full report of this case has been published on Kluwer IP Law. Article L.113-3 paragraphs 1 and 2 of the French Intellectual Property Code (‘IPC’) provides that a work of collaboration shall be the…

A full report of this case has been published on Kluwer IP Law. In this landmark case, the Estonian Supreme Court analysed in detail the legal issues relating to equitable remuneration for the…

 Yes, e-lending can land itself a spot under the public lending right. That is what the European Court of Justice held in its preliminary ruling in the case between Vereniging Openbare Bibliotheken v…

In a recent decision (case C-169/15), the Court of Justice of the European Union has ruled that Directive 93/98/EEC harmonising the term of protection of copyright in the EU does not have the effect…

Decision of the German Bundesgerichtshof of July 28, 2016, file no. I ZR 9/15: “Auf fett getrimmt” (“trimmed to the fat”). In accordance with the CJEU decision in Deckmyn v. Vrijheidsfonds…

Following a referendum on 23 June 2016, 51.9% of UK voters said “yes” to Brexit. British Prime Minister Theresa May revealed earlier this month that Article 50 TEU will be triggered by March 2017,…

The federal district court in New York City correctly dismissed Joel R. McDonald’s amended complaint against musicians and record producers Kanye West, Shawn Carter ("Jay Z"), and others because the…

Lawful acquirers of computer programs cannot resell back-up copies of the programs. This is according to the Court of Justice of the European Union (CJEU) in case C-166/15 (Ranks/Vasiļevičs v…

What is an appropriate royalty for a broadcaster to pay for the right to include music in its broadcasts?  This is a question the UK Copyright Tribunal considered recently in a rather dry but…