The question of whether the plaintiffs’ allegedly infringed lyrics were sufficiently original to be copyright-able was a fact-intensive issue that should not have been determined on the pleadings…
Earlier this month, the Constitutional Tribunal of the Republic of Poland issued a long-awaited judgment on the assessment of constitutionality of Article 79(1)(3)(b) of the Copyright and Related…
The first part of this blogpost discussed the interpretation given to the right of phonogram producers under Article 2(c) of Directive 2001/29/EC (InfoSoc Directive) and Article 9(1)(b) of Directive…
On 29 July the Court of Justice of the European Union (CJEU) finally rendered its long-awaited judgment in Case C-476/17, Pelham v Hütter and Schneider-Esleben., together with its judgments on two…
Part I of this blogpost discussed the first paragraph of Article 17(7) DSM Directive, according to which the cooperation between online content sharing service providers (OCSSPs) and rightholders…
Article 17 of the adopted DSM Directive requires that so-called online content-sharing service providers (OCSSPs) either obtain use licenses from rightholders or, failing that, enforce copyright ex…
Although the defendant had allegedly illegally used the claimant's software on only three days (over a period of two months), the court found it justifiable to award monetary damages in an amount…
Almost a decade after the first complaint was lodged, the judgment in the Series Yonkis case was delivered by the Murcia Criminal Court in June.
This case is considered to be the most important…
In a recent UK High Court decision Charlotte Tilbury was able to claim artistic copyright in two designs subsisting in its Starlight Palette make-up palette and successfully prove infringement by…
