“It held that in the case of a normally developed 13-year old child the condition “fulfils the requirements of his duty to supervise” is met when the parents regularly advise and instruct their children on the fact that illegal activities such as file sharing shall not be permitted.” In a very recent case (I ZR…

In its recent judgement in the Auto24.ee-case, the Estonian Supreme Court established that an authors’ agreement for assigning economical copyrights is deemed to be signed when the user of database accepts the general conditions imposed by the database owner. According to Article 49(1) of the Estonian Copyright Act though, an author’s contract shall be entered into in…

“What seems to lack in the decision of the Court, at the end of the day, is a clear test of what constitutes a structural element in the ’embryonic stage’. Last 19 October 2012, the Italian Supreme Court published a decision on a case of plagiarism related to a literary work which told the true…

“The judgment casts a spotlight on a distinct feature of collective rights management in Germany and the difficulties that may ensue for creators and users of musical creations who want to license such material under an alternative licensing scheme.” The case that came before the Local Court Frankfurt/Main concerned a dispute between the German Society…

On 13 September 2012, three months after the first ruling in a case opposing the French TV channel, TF1, to YouTube, the Paris Court of First Instance (Tribunal de Grande Instance) issued a second judgment in a case opposing the same TV channel to Dailymotion. The facts of the two cases are quite similar but…

By Benjamin Schütze, Institute of Legal Informatics, Leibniz Universität Hannover “Since its introduction in 2003, the provision marks the centre of a controversy between schools and institutions of higher education and copyright holders, especially publishing houses marketing a scientific – educational portfolio.” About the right to make available small parts of a work for illustration…

Lower courts have shifted from a notice and take down rule (provided by the e-commerce Directive and the LCEN) to a notice and stay down rule (created by the judges). This interpretation was confirmed in 2011 by the Paris Court of Appeal. However, on 12 July 2012, the Court of Cassation put an end to…

“With a bit of pathos one may say that the CJEU has restored the old exhaustion principle to its full glory in the digital age. In order to do so the Court did not hesitate to be adventurous with legal interpretation and has also opened new fields for discussion.” On July 3 the CJEU delivered…

On 21 June 2012, Advocate General Cruz Villalón delivered his opinion in Case C-173/11: Football Dataco Ltd and Ors v. Sportradar GmbH and Ors regarding a question where the use of the content of a database protected by sui generis database right takes place. It has been four months since the Court of Justice delivered…

“No obligation of monitoring subsequent publications is inscribed in the law; however French Courts have a tendency to impose such an obligation on hosting providers shifting from a notice and take down rule to a notice and stay down rule.” On 29 May 2012, the Paris Court of First Instance (Tribunal de Grande Instance) issued…