Infringement

399 articles available

It is beyond dispute that Anne Frank’s diary is of great historical value. A recent Dutch court decision confirms this, in a case that perfectly illustrates the tension between freedom of scientific…

The Swedish Supreme Court considered under what circumstances, and to what extent, a penalty payment can be imposed on a company that has been prohibited under penalty of a fine from selling an…

The French Supreme Court stated that the lower courts must take into consideration all the choices of the author in order to decide whether a work is original and therefore protected by copyright law…

In response to a reference from the Brussels Court of Appeal, the CJEU held that Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting…

The Court of Appeal ruled that the resale of used e-books by Tom Kabinet was permitted based on the CJEU’s UsedSoft ruling, although that case dealt with the sale of second-hand software…

The draft law for the implementation in Greece of Directive 2014/26/EU on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online…

The German Federal Court of Justice (BGH) has ruled on two cases concerning internet access providers’ obligation to block access to websites providing links to predominantly illegal content. In…

On November 13th the Dutch Supreme Court provided another chapter in the case of ISPs and blocking of the Pirate Bay (hereafter: TPB). It decided that the Court of Appeal had used an incorrect,…

Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it…