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…
The Norwegian Supreme Court confirmed that the distribution of copyright protected works via music channels was a distribution that required clearance from the rightholder. The judge held that when…
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…
1 Background, facts and questions
On 9 June 2016 the CJEU ruled on Case C-470/14 - EGEDA and Others (‘EGEDA’). This marks the tenth occasion on which the Court has ruled on the private…
In a judgment of 17 March 2016, the Cour de cassation, the French Supreme Court, ruled that the judicial courts are required to assess and award compensation for private copying in situations where a…
The question referred to the CJEU in the Austro-Mechana case (C-572/14) was whether a claim for payment of fair compensation for private copying, as per Article 5(2)(b) of Directive 2001/29, can be…
The Supreme Court validated the method used by the French collecting society Sacem to determine how the proceeds relating to the exploitation of musical works in clubs and discotheques should be…
On 26 November 2015, the Spanish competition authority imposed a new fine on Spanish collecting societies. Two organisations were affected, the society that represents record companies (AGEDI) and…
On 26 November 2015, the Spanish competition authority imposed a new fine on Spanish collecting societies. This time two organisations were affected, namely, the society that represents record…
