Summary
On 30 April 2020, the German Federal Court of Justice (BGH) delivered its ruling in the ‘Metall auf Metall’ saga. It decided that the appeals court had erred in finding that reproduction of…
Part 1 of this post illustrated the criteria differentiating Article 17 of the EU Directive on copyright and related rights in the Digital Single Market (“DSMCD”) from Article 3 InfoSoc Directive and…
Part 2 of this publication will be published on the Kluwer Copyright Blog shortly.
“… [T]his Directive shall leave intact and shall in no way affect existing rules laid down in the directives…
German Federal Supreme Court (Bundesgerichtshof) decisions of April 30, 2020 ( I ZR 139/15 and I ZR 228/15)
Recently, the German Federal Supreme Court issued press releases in two cases which are…
Yesterday the German Federal Supreme Court (Bundesgerichtshof) published its rulings on three long-standing copyright disputes involving fundamental rights. All three cases had been the subject of…
On 6 August 2019 the Ondernemingsrechtbank Antwerpen (the court) submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU) on a dispute between Mircom, a…
On 12 June 2019, the High Court of the Netherlands referred four questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling. The questions concern an ongoing battle…
The recent decision in Warner Music & another v TuneIn Inc [2019] EWHC 2923 (ch), was the first time the English Courts have forensically assessed the implications of CJEU decisions such as GS Media…
A key feature of the Copyright Digital Single Market Directive (DSMD) is the legal regime it provides for Online Content-Sharing Service Providers (OCSSP). These are, essentially, internet platforms…