Infringement

 In Phonographic Performance Ltd v Hagan & Ors (t/a Lower Ground Bar and the Brent Tavern) [2016] EWHC 3076 (IPEC) HHJ Hacon considered the interplay of s.97(2) of the Copyright, Designs and Patents…

 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…

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…

 The last two weeks were truly hard for the future of the digital economy in Europe. First, the European Commission officially declared its regulatory capture. Then the CJEU provided us with a great…

GS Media – the questions The ‘linking saga’ initiated by the Svensson decision of the CJEU back in 2014 has taken a new turn with today’s GS Media judgment. Of course, it would be more appropriate to…

The Conseil d’Etat, the French administrative Supreme Court, ordered the French Prime Minister to take regulatory measures to indemnify the ISPs (Internet service providers) for the costs incurred…

On 7 July 2016, the CJEU (Court of Justice of the European Union) handed down its decision in Tommy Hilfiger (case C-494/15). The case concerned the imposition of an injunction on Delta Center, a…

German Federal Constitutional Court’s decision of 31 May 2016, (ref.: 1 BvR 1585/13): Metall-auf-Metall Sampling technology has become an integral part of today’s music production. It is not unusual…

The Norwegian Supreme Court confirmed that the distribution of copyright protected works via music channels was a distribution that required clearance from the rightholder.  The judge held that when…