AG Opinion, Case Law, CJEU, European Union, Exceptions and Limitations, Germany, Infringement, Reproduction (right of)

(Institute for Information Law (IViR)) and (University College Dublin)/ /2 Comments

On 12 December 2018 Advocate General (AG) Szpunar delivered his Opinion in Case C-476/17, Pelham. The case concerns the practice of sampling, i.e. the reproduction of minimal parts of a phonogram for the purposes of using it in another phonogram. As harmonized by EU law, the phonogram producer holds a related right of reproduction (Article…

AG Opinion, Case Law, CJEU, European Union, Exceptions and Limitations, Germany, Originality, Subject matter (copyrightable)

(University College Dublin)/ /Leave a comment

The relation between freedom of expression and copyright in the EU is one of imprecision and uncertainty. In Funke Medien (Case C-469/17) the German Federal Supreme Court (BGH) asks whether fundamental rights should permit the unauthorized use of military reports in the absence of an applicable copyright exception. In his Opinion, Advocate General (AG) Szpunar…

AG Opinion, Case Law, CJEU, Distribution (right of), European Union, Infringement, Sweden

(University College Dublin)/ /Leave a comment

The right of distribution is the least controversial of the three exclusive rights contained in the Information Society Directive (InfoSoc Directive). Yet, every now and then the Court of Justice of the European Union (CJEU) is asked to re-examine its scope. With far less interpretative imagination compared with the right of communication to the public,…