The turbulent relationship between copyright law and the freedoms of information and expression lies at the heart of the recent decision of the Court of Justice of the European Union (CJEU) in the…
The right to freedom of expression is of paramount importance for a democratic society. When balanced with other fundamental rights, Article 10 of the European Convention of Human Rights affords…
On 29 July 2019, the CJEU delivered its hotly awaited decision in the case Spiegel Online GmbH v Volker Beck (C 516/17). The decision is part of a trilogy of preliminary references raised by the…
The relation between freedom of expression and copyright in the EU is one of imprecision and uncertainty. In Funke Medien (Case C-469/17) the German Federal Supreme Court (BGH) asks whether…
On 2 February 2016, the European Court of Human Rights (ECtHR) delivered its first post-Delfi judgment on the liability of online service providers for the unlawful speech of others. Somewhat…
The French Supreme Court (‘Cour de cassation’) has caused a stir in France (15 May 2015, No 13-27391), by quashing a judgment of the Court of Appeal of Paris for breaching Article 10-2 of the…
Regular readers of this blog will be familiar with an earlier decision by the Slovak Supreme Court about unauthorised use of a famous Tank Man picture in the Slovak media. The case has now hit the…
ECHR Decision of the ECtHR (5th section) of 19 February 2013. Case of Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden, Appl. nr. 40397/12.
By Dirk Voorhoof, Ghent University and…
ECtHR (5th section), 10 January 2013, case of Ashby Donald and others v. France, Appl. nr. 36769/08.
By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School.
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