Yesterday the German Federal Supreme Court (Bundesgerichtshof) published its rulings on three long-standing copyright disputes involving fundamental rights. All three cases had been the subject of…
The Spanish Supreme Court has ruled in a case concerning the infringement of copyright of a student whose professor reproduced, without the former’s consent, certain sections of the student’s…
On 29 July the Court of Justice of the European Union (CJEU) finally rendered its long-awaited judgment in Case C-476/17, Pelham v Hütter and Schneider-Esleben., together with its judgments on two…
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…
Introduction
In a decision from 12 September 2018, the French Court of Cassation (hereafter: “the Court”) defines the notion of fixation of the performance of a performer in order to determine the…
Sampling is a technique used in the music industry which utilises parts of pre-existing recordings in order to create a new music composition. Although sampling has been a common practice and a…
1. Introduction
As reported previously on the Kluwer Copyright Blog, on 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 (Microsoft Mobile Sales…
The French Act No. 2012-287 of 1 March 2012 ‘on the digital exploitation of unavailable books of the twentieth century’ created a specific compulsory collective management system for out-of-commerce…
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…
