“What seems to lack in the decision of the Court, at the end of the day, is a clear test of what constitutes a structural element in the 'embryonic stage'.
Last 19 October 2012, the Italian Supreme…
"The judgment casts a spotlight on a distinct feature of collective rights management in Germany and the difficulties that may ensue for creators and users of musical creations who want to license…
On 13 September 2012, three months after the first ruling in a case opposing the French TV channel, TF1, to YouTube, the Paris Court of First Instance (Tribunal de Grande Instance) issued a second…
By Benjamin Schütze, Institute of Legal Informatics, Leibniz Universität Hannover
“Since its introduction in 2003, the provision marks the centre of a controversy between schools and institutions of…
Lower courts have shifted from a notice and take down rule (provided by the e-commerce Directive and the LCEN) to a notice and stay down rule (created by the judges). This interpretation was…
"With a bit of pathos one may say that the CJEU has restored the old exhaustion principle to its full glory in the digital age. In order to do so the Court did not hesitate to be adventurous with…
On 21 June 2012, Advocate General Cruz Villalón delivered his opinion in Case C-173/11: Football Dataco Ltd and Ors v. Sportradar GmbH and Ors regarding a question where the use of the content of a…
"The Radio Company cannot be declared guilty for breach of copyright (illegal use of musical works), although no written agreement has been concluded. In Latvia, criteria for stipulation of the…
"No obligation of monitoring subsequent publications is inscribed in the law; however French Courts have a tendency to impose such an obligation on hosting providers shifting from a notice and take…
