A defendant need not obtain a favorable judgment on the merits in order to be a "prevailing party" under the fee-shifting provisions of the Copyright Act and Lanham Act.
Case date: 25 March 2019
Case…
The European Parliament has just approved the new text of the copyright directive, which will now go to the Council for a final vote on April 15th, 2019. This legislation not only modifies the…
On Valentine’s Day, the Higher Regional Court of Vienna (docket no 4 R 119/18a) issued a judgment on a complaint by the Austrian broadcasting company Puls 4 against YouTube, predating the much-…
Introduction: digital exhaustion
One of the main limitations to the right of distribution in European copyright law is the principle or rule of exhaustion. This rule, known as the first sale…
Part 1 of this post explained the background to the development of shadow libraries and their growth in recent years. This post will analyse the nature of the works downloaded and discuss the…
The use of artificial intelligence (AI) tools raises possible issues of bias, discrimination and transparency that need to be investigated by (legal) researchers. But AI tools can also support…
Introduction
Cloud Services are often used for communicating, distributing and reproducing digital content, since IP based devices are nowadays a common means for exploiting such content and…
In its judgment of 19 December 2018 in Criminal proceedings against Imran Syed (C-572/17) the Court of Justice of the European Union (CJEU) rules that the storage of copyright infringing items…
In January 2018, Google filed a petition to ask the U.S. Supreme Court to review two adverse rulings by the Court of Appeals for the Federal Circuit in the Oracle Am. Inc. v. Google Inc. case. The…
New Swedish practice on how reasonable compensation for copyright infringement should be calculated was presented in a judgment of the Swedish Supreme Court concerning Dreamfilm’s sharing of a…
