Exceptions and Limitations

235 articles available

 Recently, the Commission published a draft of the Commission’s impact assessment “on the modernisation of EU copyright rules”  and a draft for a new directive “on copyright in the Digital Single…

 The prior express consent of the author is necessary to use a copyright work under EU law; the statutory presumption of collective management of copyright doesn’t comply with the need for express…

 Here at the Kluwer Copyright Blog we are thrilled to have had the opportunity to ask Felix Reda MEP a few questions on some very topical copyright law issues.  We are very grateful to Felix for…

On June 16, Advocate General (AG) Spuznar delivered his opinion in Case C‑174/15 Vereniging Openbare Bibliotheken v Stichting Leenrecht. The case emerged from a dispute between VOB, the association…

In response to a reference from the Spanish Supreme Court, the CJEU held that Article 5(2)(b) of Directive 2001/29/EC must be interpreted as precluding a scheme for fair compensation for private…

In a judgment of 17 March 2016, the Cour de cassation, the French Supreme Court, ruled that the judicial courts are required to assess and award the remuneration for private copying in situations…

In this decision, the CJEU tackled an international jurisdiction issue, since what was essentially under debate in the main proceedings was the applicability of Article 5(3) of Regulation 44/2001 on…

1                Background, facts and questions On 9 June 2016 the CJEU ruled on Case C-470/14 - EGEDA and Others (‘EGEDA’). This marks the tenth occasion on which the Court has ruled on the private…

In a judgment of 17 March 2016, the Cour de cassation, the French Supreme Court, ruled that the judicial courts are required to assess and award compensation for private copying in situations where a…