A provider that offers free unprotected Wi-Fi should not be held responsible when their users use the service to infringe copyright. This is according to the Court of Justice of the European Union …
CJEU: reimbursement of legal costs in IP infringement proceedings must not be disproportionate or even insignificant
On 28 July 2016, the CJEU ruled in a case concerning the reimbursement of legal…
GS Media – the questions
The ‘linking saga’ initiated by the Svensson decision of the CJEU back in 2014 has taken a new turn with today’s GS Media judgment. Of course, it would be more appropriate to…
The prior express consent of the author is necessary to use a copyright work under EU law; the statutory presumption of collective management of copyright doesn’t comply with the need for express…
On 7 July 2016, the CJEU (Court of Justice of the European Union) handed down its decision in Tommy Hilfiger (case C-494/15). The case concerned the imposition of an injunction on Delta Center, a…
In response to a reference from the Spanish Supreme Court, the CJEU held that Article 5(2)(b) of Directive 2001/29/EC must be interpreted as precluding a scheme for fair compensation for private…
The CJEU considered that where the operator of a rehabilitation centre installs television sets at its premises, to which it transmits a broadcast signal thereby enabling patients to view television…
In this decision, the CJEU tackled an international jurisdiction issue, since what was essentially under debate in the main proceedings was the applicability of Article 5(3) of Regulation 44/2001 on…
The CJEU has recently ruled on yet another case seeking to determine the meaning of ‘communication to the public’, this time in the context of broadcasting television to patients in a rehabilitation…