Case Law

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Another court of appeals concludes that the statute of limitations doctrine was not overturned by a Supreme Court laches decision. The Supreme Court did not upend the longstanding discovery rule…

This case concerns a conflict between the fundamental right to one's own likeness and the exceptions to unlawful interference with the right to one's own likeness. The Supreme Court gives prevalence…

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on…

The limitation might have failed in an earlier period, but more recent precedents were more forgiving. Parties to a photo image license were free to contract for a two-year statute of limitations…

Niklas Jansson, Public domain, via Wikimedia Commons On 30 December 2022, the Italian Supreme Court (Corte di Cassazione) issued an order that intervened again on the interpretation of the quotation…

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…

This post is based in part on an amicus brief filed by the Harvard Cyberlaw Clinic on behalf of Authors Alliance and ComicMix before the United States Supreme Court in Jack Daniels v. VIP Products. …

 Grand Production d.o.o. v GO4YU GmbH (Case C‑423/21) The facts of the case are representative of the grey areas of the application of copyright territoriality in the digital era. The applicant,…

  Photo by Christian Wiediger from Unsplash 2021 saw a very active German Bundesgerichtshof (“BGH” - Federal Supreme Court) in the area of copyright law. This article covers the most relevant…