A key feature of the Copyright Digital Single Market Directive (DSMD) is the legal regime it provides for Online Content-Sharing Service Providers (OCSSP). These are, essentially, internet platforms storing and giving the public access to a large amount of copyright-protected works or other protected subject matter uploaded by their users, which the platform organises and…

The right to freedom of expression is of paramount importance for a democratic society. When balanced with other fundamental rights, Article 10 of the European Convention of Human Rights affords Member States a wide margin of appreciation. This margin is traditionally exercised by the national legislatures. With the extensive harmonization of copyright through EU law,…

On 29 July 2019, the CJEU delivered its hotly awaited decision in the case Spiegel Online GmbH v Volker Beck (C 516/17). The decision is part of a trilogy of preliminary references raised by the German courts focusing on copyright exceptions and the interaction of copyright law with fundamental rights (Pelham, C‑476/17 and Funke Medien…

On 12 September 2019, the CJEU held that according to article 2(a) of Directive 2001/29 (the InfoSoc Directive), Member States’ copyright laws can no longer protect models (in other words works of applied art or designs) on the ground that, beyond their utilitarian purpose, they generate a distinctive and significant visual effect from an aesthetic…

Almost a decade after the first complaint was lodged, the judgment in the Series Yonkis case was delivered by the Murcia Criminal Court in June. This case is considered to be the most important court case to date in relation to downloads of content protected by intellectual property rights in Spain. For 7 years (from…

In a recent UK High Court decision Charlotte Tilbury was able to claim artistic copyright in two designs subsisting in its Starlight Palette make-up palette and successfully prove infringement by Aldi and its lookalike palette. In a rare move for infringements of this nature, the court gave summary judgment on the view that Aldi had…

German Federal Supreme Court’s decisions of 21 February 2019 (ref.: I ZR 98/17, I ZR 99/17 and I ZR 15/18) Protection of moral rights in Germany, in particular the right to prohibit distortion of the work Moral rights derived from copyright are not harmonized within the European Union. Rather, every EU member state has developed…

This October one year will have passed since the legal acts transposing the provisions of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled became applicable in EU Member States. Regulation 2017/1563 on the cross-border exchange between the Union and third countries of accessible…

In the consolidated claims of Mircom & GoldenEye v Virgin Media, the claimants sought court orders from the UK court requiring Virgin Media to disclose the names and addresses of tens of thousands of its broadband subscribers who, the claimants say, had unlawfully downloaded pornographic films. The claimants required the individuals’ names and addresses in order…

Introduction and background Most internet pages are put together from different elements and can include text, pictures or videos which are originally displayed on websites and stored on servers of third parties. Visitors to the internet page usually cannot distinguish between content that is stored on servers controlled by the webpage owner and that stored…