Lower courts can give fresh insight into the adjudication taking place at the highest national and European courts. This is especially true for the recent GS Media case. The German and Dutch courts…
A new French Law provides that search engines using thumbnails will have to pay royalties via a compulsory collective management for the reproduction of photographs and images.
The French Act No…
The CJEU considered that where the operator of a rehabilitation centre installs television sets at its premises, to which it transmits a broadcast signal thereby enabling patients to view television…
The court held that the defendant did not infringe the claimant’s copyright or database rights beyond the infringements already admitted, as none of the defendant’s customers apart from one had…
The CJEU has recently ruled on yet another case seeking to determine the meaning of ‘communication to the public’, this time in the context of broadcasting television to patients in a rehabilitation…
A. Introduction and Background
In copyright law the term ‘communication to the public’ marks the boundary between use which has a copyright law relevance and use which does not.
The interpretation…
On the 7th of April AG Wathelet issued his Opinion in the GS Media case (C-160/15). The case concerned the provision by GS Media of hyperlinks that directed users to Filefactory.com, an Australian…
By Jeremy Blum and Sarah Watson, Bristows
Ultrasoft Technologies Limited v Hubcreate Limited [2016] EWHC 544 (IPEC)
On 16th February 2016 the Intellectual Property Enterprise Court (Hacon HHJ)…
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…