A full summary of this case has been published on Kluwer IP Law. The Court reached the conclusion that since the cumulative criteria that formed the necessary condition for assessing “communication to the public” were not fulfilled, there was no communication of sound recordings to the public when a car rental company rented out rental…

The delimitation of the proper boundaries of lawful use of copyright-protected works on the Internet has always been puzzling for courts, which in some instances have creatively interpreted the copyright acquis in order to take account of the particularities of the digital ecosystem. In this context, the CJEU in Usedsoft (C-128/11) adopted for the first…

In the run-up to the Plenary vote of the European Parliament in June and again currently, some academics and other voices have criticized the JURI Committee Report especially on Article 13 of the Proposal for a Directive on Copyright in the Digital Single Market. Among others, they purport that these proposals would contravene the acquis…

As the jurisprudence of the European Court of Justice and ongoing discussions in the EU legislature illustrate, the economic rights granted to right holders under EU copyright law – the rights of reproduction, communication to the public and distribution – have become increasingly unpredictable. While the right of reproduction already covers almost every direct or…

At the end of 2017, HADOPI published an important survey on its activities for the period 2016-2017. It gives interesting and useful information on the graduated response created by the French legislator to fight online infringement directly at the source, by educating internet users and dissuading them from unlawfully downloading and/or sharing (and if possible…

Decision of the German Bundesgerichtshof of September 21, 2017, file no. I ZR 11/16: “Vorschaubilder III” (“Thumbnails III”). In this decision, the Bundesgerichtshof (“BGH”) applies the latest CJEU case law on liability for linking, namely Svensson (C-466/12), GS Media (C-160/15), Filmspeler (C-527/15) and BREIN/Ziggo (C-610/15) to search engines and in particular to Google’s picture search….

A full summary of this case has been published on Kluwer IP Law. The Court of Appeal of Lisbon confirmed that it is mandatory to have a licence and to pay for performing broadcast works to clients via TV sets in hotel rooms as this constitutes communication of the works to the public. To make…

Introduction and background Case C-265/16, VCAST, concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to-air TV programmes in private cloud storage spaces. In his opinion of 7 September 2017 (discussed here), Advocate General (AG) Szpunar proposed a mixed answer to…

On 7 September 2017, AG Szpunar delivered his opinion on Case C-265/16, VCAST. The case concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to-air TV programmes in private cloud storage spaces. AG Szpunar’s proposed answer was a mixed one: while…

A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The CJEU held that Article 2(a) and Article 3(1) of Directive 2001/29 preclude national legislation that gives an approved collecting society the right to authorise the digital reproduction and communication to the…