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 fundamental rights should permit the unauthorized use of military reports in the absence of an applicable copyright exception. In his Opinion, Advocate General (AG) Szpunar…

The right of distribution is the least controversial of the three exclusive rights contained in the Information Society Directive (InfoSoc Directive). Yet, every now and then the Court of Justice of the European Union (CJEU) is asked to re-examine its scope. With far less interpretative imagination compared with the right of communication to the public,…