Introduction: digital exhaustion
One of the main limitations to the right of distribution in European copyright law is the principle or rule of exhaustion. This rule, known as the first sale…
In its judgment of 19 December 2018 in Criminal proceedings against Imran Syed (C-572/17) the Court of Justice of the European Union (CJEU) rules that the storage of copyright infringing items…
Following the Paris Court of Appeal judgment of 10 May 2016 (No 14/25055), the French courts have tended to consider that a licensee who breaches the terms of a software licence agreement does not…
On 10 January 2019, the Advocate General (AG) Szpunar delivered his opinion in the case Spiegel Online GmbH v Volker Beck (C 516/17). Part I of this blogpost explored the AG’s stance in relation to…
On 10 January 2019, the Advocate General (AG) Szpunar delivered his opinion in the case Spiegel Online GmbH v Volker Beck (C 516/17). The case is part of a trilogy of preliminary references raised…
The Court of Justice of the European Union (CJEU) ruled on a series of questions referred by the Arnhem-Leeuwarden Appeals Court (Netherlands), relating to the possible copyright protection of the…
Introduction
The Court of Justice of the European Union (CJEU) has ruled in Bastei Lübbe GmbH & Co. KG v. Michael Strotzer (C-149/17) that “the owner of an internet connection used for copyright…
1 Introduction
The right of communication to the public (Article 3 Information Society Directive) is well-established in the Court of Justice of the European Union's (“Court”) case-law: it…
Just a few days before Christmas, Advocate General Hogan published his opinion that the German related right (neighbouring right) in favour of press publishers is unenforceable for formal reasons…
