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,…
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…
