Exceptions and Limitations

235 articles available

 The American Vimeo case, decided on June 16, 2016, broadens the exemption for internet service providers (ISPs) in cases of copyright infringement by platform users. Meanwhile, the European Union…

The Spanish Supreme Court has annulled some of the rules regulating the system of financing fair compensation for private copying through the General State Budget on the grounds that they are…

Background, Facts, and Questions On 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 – Microsoft Mobile Sales International and others. (The…

A full report of this case has been published on Kluwer IP Law. In this landmark case, the Estonian Supreme Court analysed in detail the legal issues relating to equitable remuneration for the…

 Yes, e-lending can land itself a spot under the public lending right. That is what the European Court of Justice held in its preliminary ruling in the case between Vereniging Openbare Bibliotheken v…

Decision of the German Bundesgerichtshof of July 28, 2016, file no. I ZR 9/15: “Auf fett getrimmt” (“trimmed to the fat”). In accordance with the CJEU decision in Deckmyn v. Vrijheidsfonds…

 As has by now been extensively reported, on 14th September the European Commission released its new copyright reform package. Prominent within this is its proposal for a new Directive on Copyright…

A provider that offers free unprotected Wi-Fi should not be held responsible when their users use the service to infringe copyright. This is according to the Court of Justice of the European Union …

On March 23 the European Commission launched a public consultation on both the role of publishers in the copyright value chain and the ‘panorama exception’. The intent was to gather views on several…