“This decision is significant insofar as it should impact the legislative process regarding the Proposed Directive “on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses.” On April 12, 2013, the General Court of the European Union ended a 5 year wait and delivered its judgement in…

ECHR Decision of the ECtHR (5th section) of 19 February 2013. Case of Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden, Appl. nr. 40397/12. By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School. The criminal conviction of the co-founders of The Pirate Bay for infringement of copyright does not violate…

Last week, the European Court of Justice ruled in a preliminary ruling that live streaming of television channels is a ‘communication to the public’ within the meaning of the EU Copyright Directive (Directive 2001/29). Therefore, the website TVCatchup, a free streaming service that offers over fifty channels of UK television on computers, smartphones and other…

“However, in none of the studied countries, e-lending activities rely on a statutory copyright or lending right exception.” By Kelly Breemen and Vicky Breemen, Institute for Information Law, Amsterdam (IViR). Public libraries in various countries are increasingly involved in e-lending practices. Thus far, these practices are largely based on contractual agreements between the parties concerned…

The European Copyright Society, a group of prominent European scholars, today issued an opinion on the Svensson case (Case C-466/12), which is currently before the European Court of Justice. The case, which was referred to the Court by the Swedish Court of Appeal (Svea hovrätt) on 18 October 2012, raises the important question whether setting…

Private copying (PC) levies have for long been one of the most hotly debated topics in EU copyright law and policy. It is a common area for discussion between rightholders, collective rights management organizations (CMOs), the Consumer Electronics/ICT industries and even consumer representative associations. At the EU level, PC levies have been on the harmonization…

The CJEU states that Article 15(6) of Directive 2010/13/EU on short news reports is compatible with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union. On 22 January 2013 the Court of Justice of the European Union handed down a decision on the compatibility of Article 15(6) of Directive 2010/13/EU…

ECtHR (5th section), 10 January 2013, case of Ashby Donald and others v. France, Appl. nr. 36769/08. By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School. “Although the European Court did not find a violation of Article 10 in the case of Ashby Donald and others v. France, the judgment in this case…

“The ECJ does not go as far as the Advocate General, and observes that given the ubiquitous nature of the content of a website, the mere fact that the website is accessible in a national territory is not sufficient to consider that the operator of that site is performing an act of re-utilisation caught by…

“According to the current formulation of the draft law, material quoted by humans for commentary and analysis, as opposed to that automatically selected by a computer, may be copied freely.” The link wars have once again broken out in Europe. In August, the German cabinet gave its backing to a draft law allowing news publishers…