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…
On October 29th 2015, the Court of Justice of the European Union delivered its judgment in the case C‑490/14, Freistaat Bayern v Verlag Esterbauer GmbH. The Court was called upon to clarify the…
The case of Svensson Retriever has shown that a hyperlink to a work freely available on a website accessible for all internet users is not a new communication to the public in the sense of Article 3…
The French Supreme Court (‘Cour de cassation’) has caused a stir in France (15 May 2015, No 13-27391), by quashing a judgment of the Court of Appeal of Paris for breaching Article 10-2 of the…
Decision Oberlandesgericht (Court of Appeal) Hamburg of July 1, 2015, file no. 5 U 87/12 and Landgericht (District Court) Munich I of 30 June 2015, file no. 33 O. 9639/14
YouTube is the most popular…
The court held that the applicable law is determined by the lex loci protectionis (Schutzlandprinzip), therefore the question of authorship in Switzerland is determined by the Swiss “creator’s…
The court of appeals held that as there was no evidence that the Defendants had gained any profit from a public display of sculptures, they were not liable to pay royalties in respect of the…
By Jeremy Blum and Luke Maunder, Bristows
A recent decision in the UK Intellectual Property and Enterprise Court (IPEC) provides some helpful guidance on the application of the ‘user principle’ and,…
