This article will be forthcoming in the March 2019 issue of Communications of the ACM, a computing professionals journal. The editors of Communications of the ACM have given permission for it to be…
As the jurisprudence of the European Court of Justice and ongoing discussions in the EU legislature illustrate, the economic rights granted to right holders under EU copyright law – the rights of…
On 14 September 2016, a proposal for a Directive on Copyright in the Digital Single Market saw the light of day. The proposal is part of the EU copyright reform package, which has as its objective…
In this case, the Supreme Court of Estonia analyses the concept of the “hypothetical licence fee” under the Estonian Copyright Act, in accordance with Article 13(1)b) of the EU Enforcement Directive…
Decision of the German Bundesgerichtshof of April 27, 2017, file no. I ZR 247/15: “AIDA Kussmund” (“AIDA Kissmouth”)
In “AIDA Kissmouth”, the German Bundesgerichtshof (“BGH”), Germany’s highest civil…
The CJEU held that the concept of ‘lending’, within the meaning of Article 1(1), Article 2(1)(b) and Article 6(1) of Directive 2006/115/EC, covers the lending of a digital copy of a book where the…
Last week we published the first part of a two-part article summarising the essence of the presentations at the annual IP conference organised by the University of Geneva on February 22, 2017 …
In the current debates on the ‘value gap’ provisions in the European Commission’s DSM proposal (Art. 13 and Recital 38, see here and, e.g., here), it has been suggested that these provisions would…
Placing a copyright-infringing armchair in a hotel lobby does not qualify as “distribution”, but displaying a photo of it on the hotel’s website does qualify as “making available” under copyright…
