Case Law

668 articles available

In case C 393/09, the ECJ decided that a GUI is not a form of expression of a computer program and cannot therefore be protected by copyright as a computer program under Directive 91/250/EEC. Indeed,…

The variation of the Austrian National Anthem by setting it to a modernised "rock-version" of the classic tune and by changing the line "You are home to great sons" to "You are home to great sons and…

According to the Austrian Supreme Court, the EU Copyright Directive 2001/29/EC harmonises the right of communication to the public, assuming a consistent European term of publicity. The right of…

The defendant, the so-called "cooperative of CD co-owners", abuses the 'personal use' exeption under Article 30 of Copyright, together with the three-step-test under Article 29(1) of Copyright Act,…

The issue of protection of the neighbouring rights of Greek actors in Cyprus has been examined recently by the District Court of Nicosia. The case concerned the broadcasting of Greek movies by a…

Paintings that were abandoned and left in a loft were not subject to free utilization. The copyright in the paintings was thus not exhausted. A summary of this case will be posted on http://www…

Bankruptcy brings always its share of bad surprises, and it usually gets dodgier when intellectual property is involved… In this post, we propose a review of a decision of the Belgian Supreme Court…

The football leagues in Europe seem to be on a losing streak in Luxembourg. On February 17 the European Court of Justice pronounced that Member States may reserve television coverage of FIFA World…

A Belgian band uploaded some songs on a freely accessible website under a non-commercial & no derivative Creative Commons licence. A Belgian theatre used one of the songs to create an advertisement…