Communication (right of)

117 articles available

The appeal court held that the diffusion of broadcast works as ambient music, by means of playing radio broadcasts through several loudspeakers in a fruit shop open to the public, was a mere…

1. Introduction The internet has been a challenge for copyright since its advent two decades ago. Many questions have now been answered. It is surprising, however, that one of the main internet…

When a new disruptive innovation comes around, the question always arises as to whether the current legal regimes can provide answers to all potential legal questions arising out of such new…

A. Introduction and Background In copyright law the term ‘communication to the public’ marks the boundary between use which has a copyright law relevance and use which does not. The interpretation…

On the 7th of April AG Wathelet issued his Opinion in the GS Media case (C-160/15). The case concerned the provision by GS Media of hyperlinks that directed users to Filefactory.com, an Australian…

By Jeremy Blum and Sarah Watson, Bristows Ultrasoft Technologies Limited v Hubcreate Limited [2016] EWHC 544 (IPEC) On 16th February 2016 the Intellectual Property Enterprise Court (Hacon HHJ)…

Decision of the German Bundesgerichtshof (“BGH”) of July 9, 2015, file no. I ZR 46/12 (“Die Realitaet II”) The CJEU confirmed in Svensson that linking to content may be a public communication where…

In response to a reference from the Brussels Court of Appeal, the CJEU held that Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting…

On November 13th the Dutch Supreme Court provided another chapter in the case of ISPs and blocking of the Pirate Bay (hereafter: TPB). It decided that the Court of Appeal had used an incorrect,…