A key feature of the Copyright Digital Single Market Directive (DSMD) is the legal regime it provides for Online Content-Sharing Service Providers (OCSSP). These are, essentially, internet platforms…
1 Introduction
The right of communication to the public (Article 3 Information Society Directive) is well-established in the Court of Justice of the European Union's (“Court”) case-law: it…
In a decision of 13 November 2018 concerning joined cases T 5909-17 and T 891-18 the Swedish Supreme Court, Högsta domstolen (HD), has decided to ask the CJEU whether the catalogue of acts falling…
The Court reached the conclusion that since the cumulative criteria that formed the necessary condition for assessing “communication to the public” were not fulfilled, there was no communication of…
The delimitation of the proper boundaries of lawful use of copyright-protected works on the Internet has always been puzzling for courts, which in some instances have creatively interpreted the…
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…
Introduction and background
Case C-265/16, VCAST, concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to…
On 7 September 2017, AG Szpunar delivered his opinion on Case C-265/16, VCAST. The case concerns the question of whether the private copying exception covers the services of an online platform that…
A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here.
The CJEU held that Article 2(a) and Article 3(1) of Directive 2001…
