In the case Staatlich genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger registrierte Genossenschaft mbH (AKM) V Zürs.net Betriebs GmbH (C-138/16, Judgment of 16 March 2017) the CJEU was called upon to decide once again on the seminal concept of communication to the public. The right of communication to the public, which has proved to be…

The “Filmspeler” ruling is the last stone in the CJEU’s complex construction on the application of the concept of communication to the public in hyperlinking. Starting with the seminal Svensson case in 2014 (C-466/12), the Court has been progressively diving into the deeper waters of hyperlinking and has been called upon to apply the right…

The right of communication to the public has proved to be one of the most intriguing concepts of EU copyright law. The CJEU has had to decide on its scope of application in a variety of cases both in the analogue (See the seminal SGAE case C-306/05) and in the digital world (See: Svensson case…

On June 16, Advocate General (AG) Spuznar delivered his opinion in Case C‑174/15 Vereniging Openbare Bibliotheken v Stichting Leenrecht. The case emerged from a dispute between VOB, the association of Dutch public libraries, and a foundation entrusted with collecting the remuneration for lending which is due to authors.  In VOB’s view, the lending of electronic…

The UK electorate’s vote to leave the European Union has been perceived as a bolt from the blue. After the initial shock, the potential legal and business implications of Brexit have been widely discussed. In the field of IP, the main concern has been to predict how UK IP business and law will be affected….

On 4th May 2016, the European Commission published its Full report on the public consultation on the review of the EU Satellite and Cable Directive. The consultation, which was held from 24 August until 16 November 2015, focused on two main issues. First, the assessment of the current rules and, second, the possibility of the…

The draft law for the implementation in Greece of Directive 2014/26/EU on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market, which was released for public consultation a few days ago, contains a surprise provision, which has the potential to reverse the…

On December 9th 2015 the Commission revealed its plans for the modernisation of copyright law. The target is to adapt copyright law to technological challenges and to make it more European, digital friendly and functional in an EU digital single market. The Commission’s strategy focuses on the three key areas which have been identified by…

On October 29th 2015, the Court of Justice of the European Union delivered its judgment in the case C‑490/14, Freistaat Bayern v Verlag Esterbauer GmbH. The Court was called upon to clarify the definition of “database” in Directive 96/9 on the legal protection of databases. It is noteworthy that the Database Directive, one of the…

On May 6th, 2015 the European Commission revealed its eagerly anticipated plans for the EU digital single market. The EU Digital Market strategy, which aims to open up digital opportunities for individuals and businesses and enhance Europe’s position as a world leader in the digital economy, is built on three pillars: (1) better access for…