The question referred to the CJEU in the Austro-Mechana case (C-572/14) was whether a claim for payment of fair compensation for private copying, as per Article 5(2)(b) of Directive 2001/29, can be…
The appeal court held that the diffusion of broadcast works as ambient music, by means of playing radio broadcasts through several loudspeakers in a fruit shop open to the public, was a mere…
When a new disruptive innovation comes around, the question always arises as to whether the current legal regimes can provide answers to all potential legal questions arising out of such new…
On 16 March 2016 the CJEU’s Advocate General Szpunar handed down his Opinion in case C-484/14, Mc Fadden. The case concerns the liability of Tobias Mc Fadden, the owner of a business selling lighting…
The English High Court found that an App which allows users to upload, share and view 8 second clips of cricket matches and other sporting events (on a near-live basis) infringed the copyright in the…
The Supreme Court held that “uses in any other manner” as provided in Article 172a, para. 1 of the Criminal Code covers any possible use of a copyright protected work. It is not necessary to refer to…
On 2 February 2016, the European Court of Human Rights (ECtHR) delivered its first post-Delfi judgment on the liability of online service providers for the unlawful speech of others. Somewhat…
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…
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…
