Introduction Cloud Services are often used for communicating, distributing and reproducing digital content, since IP based devices are nowadays a common means for exploiting such content and the IP connection between client devices and servers is made simpler with the use of virtualized resources in Cloud. We noted in a previous post (see here) that…

In its judgment of 19 December 2018 in Criminal proceedings against Imran Syed (C-572/17) the Court of Justice of the European Union (CJEU) rules that the storage of copyright infringing items constitutes infringement of the distribution right if identical items are also held at the actual place of sale and those items are intended to…

Introduction In 2016, Science published a short report on the usage of SciHub, a piratical scholarly journal article distribution service. Set up by Alexandra Elbakyan, a kazakhstani scientist, SciHub allows users to bypass journal publishers’ paywalls, so everyone can have access to journal articles for free. The report, based on a dataset provided by Elbakyan,…

Introduction This post briefly discusses the new Counterfeit & Piracy Watch List published by the European Commission on 7 December 2018 (Watch List). The Watch List represents the EU Commission’s most recent effort to protect the intellectual property rights (IPRs) of European rights holders. Through a “follow the money” enforcement strategy, the Watch List targets…

On 10 January 2019, the Advocate General (AG) Szpunar delivered his opinion in the case Spiegel Online GmbH v Volker Beck (C 516/17).  Part I of this blogpost explored the AG’s stance in relation to the degree of latitude left to Member States when implementing copyright exceptions and the ambit of the news reporting exception…

On 10 January 2019, the Advocate General (AG) Szpunar delivered his opinion in the case Spiegel Online GmbH v Volker Beck (C 516/17). The case 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…

The Court of Justice of the European Union (CJEU) ruled on a series of questions referred by the Arnhem-Leeuwarden Appeals Court (Netherlands), relating to the possible copyright protection of the taste of a cheese product. The CJEU confirmed that the concept of a “work” provided for in Directive 2001/29 requires the existence of an external…

Introduction The Court of Justice of the European Union (CJEU) has ruled in Bastei Lübbe GmbH & Co. KG v. Michael Strotzer (C-149/17) that “the owner of an internet connection used for copyright infringements” cannot invoke his fundamental right to private life to circumvent the possible enforcement of remedies against such infringements. This judgment is…

1          Introduction The right of communication to the public (Article 3 Information Society Directive) is well-established in the Court of Justice of the European Union’s (“Court”) case-law: it no longer only encompasses more physical matters, such as broadcasting of television in hotels (SGAE, C-306/05), but also digital matters, such as linking to copyright infringing content (GS Media,…