Linking

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  Image by Free-Photos from Pixabay On March 9th, 2021 the CJEU delivered its eagerly awaited decision on the VG Kunst case (C‑392/19). The facts of the case are interesting, since the question of…

 The first part of this blogpost analysed the main theoretical foundations of the AG’s Opinion in the VG Bild-Kunst case (C‑392/19). The second part focuses on the application of this theoretical…

 On September 10, 2020 the Advocate General (AG) Maciej Szpunar delivered his Opinion on the case of VG Bild-Kunst v Stiftung Preußischer Kulturbesitzanother (C‑392/19), a further case concerning the…

 While EU Member States are trying to implement the press publishers’ right (also known as ‘link tax’) that was recently introduced in Art 15 of the Directive on Copyright in the Digital Single…

 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…

Decision of the German Bundesgerichtshof of September 21, 2017, file no. I ZR 11/16: “Vorschaubilder III” (“Thumbnails III”).  In this decision, the Bundesgerichtshof (“BGH”) applies the latest CJEU…

2016 was a busy year for European copyright law. Unsurprisingly, Brexit and its potential impact on copyright in Europe and the UK was one of the most popular topics on the Kluwer Copyright Blog…

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…

 “What has not been clarified though is the aspect of unfair competition.” On 21st of October 2014 the Court of Justice of the European Union delivered its order in a preliminary ruling procedure (C…