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…
…definition of database in Article 1(2) of the Directive. The question is tricky since even though every bit of data, from the moment that it is capable of conveying a…
…public in the sense of Article 3(1) of Directive 2001/29/EC. However, the preliminary questions posed to the ECJ by an interlocutory judgment of September 30 2015 from the Dutch district…
…(Article 10-1 ECHR) and copyright (Article 10-2 ECHR) – Member States (and the courts) have a wide margin of appreciation (Case 5493/72 (1976), Handyside v. United Kingdom). This judgment of…
…article that a useful basis for a TDM exception could be found in article 5(3) of the Computer Programs Directive (2009/24/EC), which similarly does not distinguish between commercial and non-commercial…
Introduction The SGAE case recently resolved by the Spanish Competition Authority ended in a settlement agreement, as we previously reported . As we indicated in that article, this case did…
…the opinion that Section 3(1) of Regulation No. 14 of 17 January 2006 on the “blank tape levy” was not in compliance with Article 5(2)(b) of the “Infosoc” Directive (2001/29/EU)…
…and where public interest is sufficiently guaranteed, as provided in Article 52 of the Spanish Competition Act. This case raises numerous issues, but two are particularly deserving of comment. The…
…the rightholder. One option (Article 13(1)(a)) is an assessment of economic factors, such as lost profits and unfair profits, together with moral prejudice. The second option (Article 13(1)(b)) is for…
…come under the exception of Article 57 German Copyright Act (“GCA”), which implements the incidental inclusion exception of Article 5 (3) lit i) Copyright Directive 2001/29. The BGH decision The…
