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Overview
After fierce lobbying, European press publishers, backed by the French government, obtained the much criticized press publishers’ right (see e.g. here; here; and…
A year after the adoption of Directive 2019/790 on copyright and related rights in the Digital Single Market, many questions about its compatibility with fundamental rights remain unanswered. Germany…
Infringement claims based on failure to obtain licenses for three other songs failed because the plaintiff licensing company did not hold exclusive rights in those works.
The vocal music director of…
The Spanish Supreme Court has ruled in a case concerning the infringement of copyright of a student whose professor reproduced, without the former’s consent, certain sections of the student’s…
On 6 August 2019 the Ondernemingsrechtbank Antwerpen (the court) submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU) on a dispute between Mircom, a…
On 12 June 2019, the High Court of the Netherlands referred four questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling. The questions concern an ongoing battle…
Jury instructions not erroneous or prejudicial to plaintiff; court dumps "inverse ratio rule" providing for lower standard of proof of substantial similarity when a high degree of access is shown.…
Impartial observers of the 2018-19 debates around the new European Directive on Copyright must have been mystified. They were used to the acrimonious disputes between lobbies representing…
Because hard drives used in audio recording devices in cars sold by Ford, GM, and Chrysler did not contain "only sounds," they were not covered by the Audio Home Recording Act of 1992.
The Alliance…
The paintings, although temporary, had achieved "recognized stature" as artworks and were protected by the Visual Artists Rights Act.
Artists who created "aerosol art" paintings on the exteriors of…