Judgment nº208/2021 of Madrid Commercial Court nº16 (December 20th, 2021) Context and facts This case concerns a dispute between the collecting management organisation CEDRO[1] and GOOGLE DISCOVER for non-payment of fair compensation for the limitation established in article 32.2 (now abrogated by the implementation of the CDSM Directive[2]) of the Spanish Copyright Act (SCA) between…

This morning the CJEU delivered its much awaited judgment in Case C-401/19 – Poland v Parliament and Council. In simple terms, the main issue before the Court was the validity of the preventive measures required by Article 17(4) (b) and (c) in fine in light of the right to freedom of expression and information recognized…

Original Beauty Technology Company Limited & others v G4K Fashion Limited & others, [2021] EWHC 3439 (Ch) The High Court has recently awarded £450,000 in damages to a successful claimant in a dispute about unregistered design rights in clothing. Unregistered design rights in the UK are a unique right that often catch designs that fall…

On 8 February 2022, the Italian Supreme Court (the Corte di Cassazione) issued an order that intervened on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l.aut.).[1] While the outcome was foreseeable and great part of its reasoning may be embraced without criticism, the core arguments of the decision…

Readers of this blog will be familiar with the English High Court’s strong track record in issuing injunctions to compel internet service providers (“ISPs”) to block access to copyright-infringing websites.  In the latest such order issued by the High Court (on 3 February 2022), one of the target websites was a cyberlocker hosting movies and…

Google prevails in what it has called “the copyright case of the decade.” Google LLC’s copying of approximately 11,000 lines of code from the Java SE application programming interface to create the Android mobile operating system was a fair use of that material as a matter of law and did not support copyright infringement by…

There has been widespread press coverage of Meghan Markle’s (the Duchess of Sussex) recent success in a claim which she brought against the publishers of the Daily Mail, Mail on Sunday and the Mail Online website (“the Mail”). In February 2021, the High Court granted Ms Markle summary judgment on her claim for misuse of…

On December 17, 2021, in a big win for electronic dance music (EDM) artists, the Dutch Supreme Court held that DJs own phonographic rights (neighbouring rights) in their home-produced recordings – not the record labels that commercially release them. The decision comes in a long-running dispute between world-famous Dutch DJ and EDM artist Martin Garrix…

A reasonable jury could find the design for children’s pajamas with the phrase “i love you” repeated in italics to be substantially similar to Target’s products with the same phrase and design. In a copyright infringement suit brought by a children’s clothing company against retailer Target Corporation, the U.S. Court of Appeals for the Fifth…

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important…