Infringement

  Photo by Osman Rana on Unsplash On July 6, the EU adopted the Directive on Copyright in the Digital Single Market (DSM Directive), following heated discussions of Articles 15 (formerly 11) and 17 …

Ed Sheeran’s ‘Shape of You’ was a giant hit of the last decade, a runaway success story – well almost. There is a fly in the ointment. Sami Chokri (a.k.a. Sami Switch) is claiming Sheeran and his…

1. Italian Case Law on Fast Injunctions The impact of the illegal distribution of audiovisual content is growing (see, for Italy, the report issued in 2019 by FAPAV Federation for the protection of…

Factual questions precluded deciding novel legal issues regarding the scope of MMA’s preemption of state-law infringement claims involving pre-1972 sound recordings and whether Pandora qualified for…

Relying on obviously insufficient oversight mechanisms for discovering copyright infringement can constitute willful infringement. A California district court erred when it reduced a $460,800 jury…

 The recent decision in Warner Music & another v TuneIn Inc [2019] EWHC 2923 (ch), was the first time the English Courts have forensically assessed the implications of CJEU decisions such as GS Media…

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…