The High Court of England and Wales recently gave judgment in Cantel v Arc ([2018] EWHC 345 (Pat). Of most interest for this blog is the aspect of the case which considers when an infringing party…
Sampling is a technique used in the music industry which utilises parts of pre-existing recordings in order to create a new music composition. Although sampling has been a common practice and a…
At the end of 2017, HADOPI published an important survey on its activities for the period 2016-2017. It gives interesting and useful information on the graduated response created by the French…
The Spanish court has recently given judgment in proceedings brought by various audiovisual producers belonging to the Motion Picture Association of America (MPAA), against a number of…
Decision of the German Bundesgerichtshof of September 21, 2017, file no. I ZR 11/16: “Vorschaubilder III” (“Thumbnails III”).
In this decision, the Bundesgerichtshof (“BGH”) applies the latest CJEU…
The Court of Appeal of Lisbon confirmed that it is mandatory to have a licence and to pay for performing broadcast works to clients via TV sets in hotel rooms as this constitutes communication of the…
The Court of Appeal of Lisbon held that the violation of the right to publish a work post mortem, against the will of the author or of his/her heirs, is a serious and irreparable infringement of the…
In an in-depth analysis for the European Parliament, the author has looked at liability of online service providers with regard to infringements concerning copyright protected content. In particular,…
The Court of Appeal confirmed that playing phonograms in a night club requires authorisation from and payment to the relevant right holders (performers and artists). On the question of damages, the…