Enforcement

Case Law, CJEU, Czech Republic, Enforcement, European Union, Infringement, Injunction, Liability, Remedies

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On 7 July 2016, the CJEU (Court of Justice of the European Union) handed down its decision in Tommy Hilfiger (case C-494/15). The case concerned the imposition of an injunction on Delta Center, a company that sublets sales areas in the “Prague Market Halls” (Pražská tržnice) to traders, after it was found that counterfeit goods…

Brexit, Enforcement, European Union, Exceptions and Limitations, Infringement, Legislative process

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Here at the Kluwer Copyright Blog we are thrilled to have had the opportunity to ask Felix Reda MEP a few questions on some very topical copyright law issues.  We are very grateful to Felix for sparing time in his busy schedule to do the interview, and here’s what he had to say: 1. In…

AG Opinion, Case Law, CJEU, Enforcement, European Union, Germany, Infringement, Injunction, Liability, Remedies

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On 16 March 2016 the CJEU’s Advocate General Szpunar handed down his Opinion in case C-484/14, Mc Fadden. The case concerns the liability of Tobias Mc Fadden, the owner of a business selling lighting and sound systems in Munich. Mr Mc Fadden operates a Wi-Fi hotspot on the business’ premises, deliberately left unprotected by a…

Case Law, Enforcement, Infringement, Injunction, Liability, Remedies, Sweden

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The Swedish Supreme Court considered under what circumstances, and to what extent, a penalty payment can be imposed on a company that has been prohibited under penalty of a fine from selling an infringing product, where violations to that prohibition have been made by a third party. A full summary of this case has been…

Case Law, CJEU, Communication (right of), Enforcement, European Union, Infringement, Liability, Remedies

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In response to a reference from the Brussels Court of Appeal, the CJEU held that Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it transmits its programme-carrying signals exclusively to signal distributors without those…

Collective management, Enforcement, Greece, Infringement, Legislative process, Liability, Remedies

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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…

Case Law, Enforcement, Germany, Infringement, Liability

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The German Federal Court of Justice (BGH) has ruled on two cases concerning internet access providers’ obligation to block access to websites providing links to predominantly illegal content. In these two landmark decisions, the BGH has paved the way for website blocking in Germany. Where protected content is offered illegally, directly or via link providers,…

Case Law, Enforcement, France, Infringement, Liability, Remedies

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The French Supreme Court (‘Cour de cassation’) has caused a stir in France (15 May 2015, No 13-27391), by quashing a judgment of the Court of Appeal of Paris for breaching Article 10-2 of the European Convention on Human Rights (“ECHR”). The Supreme Court held that before condemning an alleged infringer for copyright infringement, the…

Case Law, Enforcement, Germany, Infringement, Liability

(NORDEMANN)/ /1 Comment

Decision Oberlandesgericht (Court of Appeal) Hamburg of July 1, 2015, file no. 5 U 87/12 and Landgericht (District Court) Munich I of 30 June 2015, file no. 33 O. 9639/14 YouTube is the most popular video-sharing website in the world. As it is not entirely free of videos that infringe third party copyrights, it is…

Case Law, Enforcement, Moral rights, Poland, Remedies

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The Supreme Court held that it is a matter of fact, not law, whether a work created from fragments of another work is a derivative work (according to Article 2 of the Copyright Act) or another kind of non-independently created work. Therefore this type of issue cannot be debated in an action for determining the…