Decision of the German Bundesgerichtshof (“BGH”) of July 9, 2015, file no. I ZR 46/12 (“Die Realitaet II”)
The CJEU confirmed in Svensson that linking to content may be a public communication where…
In response to a reference from the Bundesgerichtshof (Germany), the CJEU ruled that geographical information extracted from a topographic map by a third party in order to produce and market another…
A copyright claim brought by hip-hop artist Tyrone Simmons—who purchased an exclusive license to use a beat known as the “I Get Money Instrumental”—against the beat’s creator (William Stanberry, Jr…
It is beyond dispute that Anne Frank’s diary is of great historical value. A recent Dutch court decision confirms this, in a case that perfectly illustrates the tension between freedom of scientific…
We are very proud to announce that Kluwer Copyright Blog has been ranked as one of the top ten IP blogs in a review of the world’s best IP blogs conducted by SiNApSE. You can see more details of the…
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…
The Dutch Copyright Contract Law entered into force on July 1st 2015. According to the legislator it aims to strengthen the position of the author and performer in exploitation agreements (see…
The French Supreme Court stated that the lower courts must take into consideration all the choices of the author in order to decide whether a work is original and therefore protected by copyright law…
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…
The Court of Appeal ruled that the resale of used e-books by Tom Kabinet was permitted based on the CJEU’s UsedSoft ruling, although that case dealt with the sale of second-hand software.…
