The story of Austria’s copyright levy on storage media (storage media levy, briefly “SML”) is not over: In its latest chapter, the Austrian courts – and now also the Court of Justice of the European Union (“CJEU”) – have to deal with the Austrian legislation once more and this time with a view to cloud…

Blocking injunctions against internet service providers (ISPs) remain one of the most interesting and litigated issues of contemporary copyright law. Though the concept of blocking injunctions per se is firmly established on the basis of CJEU case law (C‑324/09 L’Oréal, C-70/10 Scarlet Extended, C-360/10 Sabam and the seminal C-314/12 UPC Telekabel), blocking injunction jurisprudence in…

1. Italian Case Law on Fast Injunctions The impact of the illegal distribution of audiovisual content is growing (see, for Italy, the report issued in 2019 by FAPAV Federation for the protection of audiovisual and multimedia content). IP enforcement is an important part of the reaction against this illegal phenomenon. In 2019, some important improvements…

Earlier this month, the Constitutional Tribunal of the Republic of Poland issued a long-awaited judgment on the assessment of constitutionality of Article 79(1)(3)(b) of the Copyright and Related Rights Act (judgment of 5 November 2019, reference no. P 14/19). This provision entitles the entity whose copyright has been infringed to demand from the infringer a…

The court granted a blocking injunction requiring a number of internet service providers to block their customers’ access to streaming servers where copyright infringements were taking place through the unauthorised streaming of live footage of sports events. Case date: 20 September 2018 Case number: [2018] EWHC 2443 (Ch) Court: High Court of Justice of England and…

In Happy Camper Productions Ltd v British Broadcasting Corporation, the claimant sought an interim injunction in the context of alleged infringement of copyright in a script. The claimant failed in its application for multiple reasons as we explore. The claimant company was the purported owner of the copyright in a script for a pilot episode…

New Swedish practice on how reasonable compensation for copyright infringement should be calculated was presented in a judgment of the Swedish Supreme Court concerning Dreamfilm’s sharing of a film from Svensk Filmindustri (SF). The verdict was given on 21 January 2019 (case no. B 1540-18). In the grounds of the judgment, there are new and…

Recently there has been an increase in the number of damages hearings in the UK. The trend continues with a recent High Court case (Reformation Publishing v Cruiseco Limited [2018] EWHC 2761 (Ch)) where the band Spandau Ballet’s management company sought compensation for unauthorised use of their copyright against a company using two of their…

Introduction AGCOM is the Italian independent and convergent regulatory authority, established in 1997 by Law no. 249/1997 as the national media regulatory body. On 16th October 2018, AGCOM approved the deliberation no. 490/18/CONS (available here) which introduces some modifications and integrations to the Regulation on copyright enforcement in electronic communications networks (“AGCOM Regulation” or simply…

Website blocking injunction cases are complicated in Sweden because the Copyright Act requires contributory liability of the ISP, or in the case of interim injunctions – probable cause, for an injunction to be issued. While the reduced evidentiary burden for interim injunctions does not completely absolve a court from scrutinising the evidence, the legal context…