Yesterday, the European Copyright Society (ECS) published its Opinion on the CJEU MIO/konektra cases C- 580/23 and C-795/23 (originality and infringement test of works of applied art). The Executive Summary is reproduced below and the full Opinion is available here: ecs-opinion-mio-konektra.pdf Executive summary Background. In Cofemel, the CJEU recognized that (i) the standard test…
In its latest opinion, the European Copyright Society has reviewed the German Federal Court of Justice’s (BGH) referral in the Pelham II (a.k.a. Metall auf Metall) case. Although the beginning of the legal dispute dates back to 1999, a quarter century seemed to be not enough to answer all possible questions surrounding the sampling of a…
Earlier this year, the Italian Supreme Court (Corte di Cassazione) issued an order (Cass., ord. no.11413/2024) in a case concerning the protection by copyright of a lamp design. Part I of this post outlined the decisions issued as the case made its way through the Italian court system. Part II will now turn to the…
With an order (Cass., ord. no.11413/2024) that suprisingly triggered little attention, at the end of last April the Italian Supreme Court (Corte di Cassazione) proffered yet once more its original approach and reading of the principles inspiring the EU copyright harmonization – and particularly of those developed by the CJEU case law. This time,…
On 21 March 2024, the Court of Justice of the European Union (CJEU) issued its ruling in case C-10/22 Liberi Autori ed Editori (LEA) v. Jamendo SA. The decision confirms that Independent Management Entities (“IMEs”) can provide their copyright management services in the European Union (EU) alongside Collective Management Organizations (“CMOs”). National legislation in one…
The Court of Justice of the European Union (CJEU) is about to write yet another chapter in the never-ending, or so it seems, ‘Metall auf Metall’ saga. The facts of the case are all too familiar by now: in 2004, German band Kraftwerk took hip hop producer Moses Pelham to court for copyright infringement after…
The H2020 project reCreating Europe performed an unprecedented mapping of EU and Member States’ sources on copyright flexibilities. Part I of this blog post explained the mapping of EU sources and their conclusions. Part II deals with the comparative analysis of the law of all 27 Member States, with related comparative findings. The mapping of…
From January 2020 to July 2022, the H2020 project reCreating Europe and its teams at Scuola Superiore Sant’Anna (Pisa) and the University of Szeged performed an unprecedented mapping of EU and Member States’ sources on copyright flexibilities, focusing both on public regulatory sources (statutes, court decisions, governmental policies and practices) and on private ordering tools,…
Launched in January 2020, the H2020 project reCreating Europe (Rethinking digital copyright law for a culturally diverse, accessible, creative Europe), is pleased to announce its final conference, which will take place in Brussels on 21-22 March 2023. Day 1 will take place at the Royal Belgian Museum of Natural Sciences, while Day 2 will be…
On 31 October and 1 November 2022, the Department of Law of the University of Cyprus, together with Scuola Superiore Sant’Anna (Pisa) and the H2020 project reCreating Europe will host the conference “Rethinking copyright flexibilities”. The event aims to critically discuss the present and future of copyright flexibilities in EU copyright law. It explores their…
