Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it…
The case of Svensson Retriever has shown that a hyperlink to a work freely available on a website accessible for all internet users is not a new communication to the public in the sense of Article 3…
This case concerned blocking orders pursuant to s97A of the Copyright Designs and Patents Act 1988 (CDPA). The Court found that there was copyright infringement by both UK users and operators of file…
This case in the Court of Appeal of ‘s-Hertogenbosch concerned the use of a photograph of a photo model by two rappers in one of their music videos. The video was uploaded to YouTube after which it…
Another blocking order in the UK, however, this time there was some complexity about the actual acts of infringement. In Twentieth Century Fox Film Corporation & Ors v Sky UK Ltd & Ors, the High…
On the 13th March 2015, the President of the Brussels French speaking Court of First Instance pronounced a judgment to the detriment of Sabam, an important collective management organisation in…
On 26 March, the Court of Justice of the European Union (CJEU) handed down Case C-279/13 C More Entertainment, the latest decision regarding the right of communication to the public in the context…
In a case concerning the use of a radio set in a small bike shop, the Constitutional Court ruled that in order to assess whether a user is making a communication to the public, the situation of the…
The book “The Variable Scope of the Exclusive Economic Rights in Copyright” recently published in Kluwer’s Information Law Series is the result of my doctoral research (which led to a doctoral…
