Introduction On 30 June 2017, the German “Bundestag” adopted the “Act to Align Copyright Law with the Current Demands of the Knowledge-based Society” (“Urheberrechts-Wissensgesellschafts-Gesetz- UrhWissG”). It essentially reforms the terms of use of copyright protected works in the fields of education and research and will come into force on 1 March 2018. This new Act…

Decision of the German Bundesgerichtshof of April 27, 2017, file no. I ZR 247/15: “AIDA Kussmund” (“AIDA Kissmouth”) In “AIDA Kissmouth”, the German Bundesgerichtshof (“BGH”), Germany’s highest civil court, ruled on the interpretation of the “works in public places” exception pursuant to § 59 (1) German Copyright Act that implements Art. 5 (3) lit. h Directive 29/2001…

The Austrian Supreme Court has recently shed some light on the requirements for the admissible quotation of photos (judgment of 26 September 2017, 4Ob81/17s). In this case, a photographer had taken photos of a poacher who was killed in 1982. The competent collecting society sued a private TV-broadcasting station for their unauthorised use of one…

The Centre for International Intellectual Property Studies (CEIPI) has just published a position paper on the proposed reform of copyright exceptions and limitations in the European Digital Single Market (DSM). The European Commission’s planned copyright reform proposes to adapt EU law to the challenges emerging in the Digital Single Market (DSM). This CEIPI Opinion does…

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 EU law, particularly Article 5(2)(b) of Directive 2001/29, precludes national legislation that subjects exemption from payment of the private copying levy for producers and importers of…

A full summary of this case has been published on Kluwer IP Law The Supreme Court provided guidance on how to assess whether a work should be considered to be an adaptation, within the meaning of Section 4, paragraph 1 of the Swedish Copyright Act, or a new and independent work within the meaning of…

The “Filmspeler” ruling is the last stone in the CJEU’s complex construction on the application of the concept of communication to the public in hyperlinking. Starting with the seminal Svensson case in 2014 (C-466/12), the Court has been progressively diving into the deeper waters of hyperlinking and has been called upon to apply the right…

A full report of this case has been published on Kluwer IP Law The Supreme Court of Estonia analysed the conditions under which the public performance of works at a school concert falls within the free use exception. In principle, the Supreme Court agreed with the courts of lower instance by holding that the public…