The terms of the UK’s future relationship with the EU have yet to be concluded and so there is inevitably a degree of uncertainty about what Brexit ultimately means for copyright in the UK. Recent…
In law, perhaps one of the most famous aphorisms is “I know it when I see it”, which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. Ohio, 378 U.S. 184 …
On 13 November 2018, the CJEU clarified the scope of EU copyright law by excluding works of taste from copyright protection. This marks the end of a three-year long dispute, which arose in 2015…
dreamfilm.se – one of the affected domains (allegedly pointing to a streaming service that stopped operation) that in fact leads to a movie review website/blog
Website blocking injunction cases are…
The relation between freedom of expression and copyright in the EU is one of imprecision and uncertainty. In Funke Medien (Case C-469/17) the German Federal Supreme Court (BGH) asks whether…
The right of distribution is the least controversial of the three exclusive rights contained in the Information Society Directive (InfoSoc Directive). Yet, every now and then the Court of Justice of…
As discussed in Part I of this blogpost, the CJEU in Renckhoff was called, once again, to analyse the application of copyright in relation to the use of copyright-protected works on the Internet…
The delimitation of the proper boundaries of lawful use of copyright-protected works on the Internet has always been puzzling for courts, which in some instances have creatively interpreted the…
25 July 2018 marks a new episode in the Heks’nkaas saga. After tumultuous court proceedings at the national level and before the European Court of Justice, Advocate General M. Wathelet delivered his…