AG Opinion, Case Law, CJEU, Communication (right of), European Union, Exceptions and Limitations, Infringement, Private copying

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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…

Conference, European Union

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  On the 5 July 2017, the Institute for Information Law (IViR) of the University of Amsterdam organized its ‘Blockchain and Copyright Symposium’. For a brief introduction to this symposium and the topic, see our previous post. The symposium was divided into two parts. In the first part, following an introduction by IViR senior researcher…

Conference, European Union, Netherlands, Remedies, Software

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Blockchain technology seems to be all the rage nowadays. In simple terms, blockchain enables parties who do not know or trust each other to maintain a common set of records without the need for a trusted third party intermediary. Bitcoin, the first major successful cryptocurrency, uses blockchain to keep track of the supply and flow…

Case Law, CJEU, European Union, Exceptions and Limitations, Italy, Private copying, Remuneration (equitable)

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Background, Facts, and Questions On 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 – Microsoft Mobile Sales International and others. (The case was formerly known as Nokia Italia and Others before Nokia Italia SpA changed its name to Microsoft Mobile Sales International Oy.) This is yet…

Case Law, Collective management, European Union, Exceptions and Limitations, Liability, Private copying, Remuneration (equitable), Spain

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1                Background, facts and questions On 9 June 2016 the CJEU ruled on Case C-470/14 – EGEDA and Others (‘EGEDA’). This marks the tenth occasion on which the Court has ruled on the private copying exception or limitation in Article 5(2)(b) of Directive 2001/29/EC (the ‘InfoSoc Directive’) after Padawan, Stichting de Thuiskopie, Luksan, VG Wort,…

Collective management, European Union, Exceptions and Limitations, Making available (right of), Netherlands, Private copying, Reproduction (right of)

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Since 2012 a multidisciplinary research group at the Institute for Information Law (IViR), University of Amsterdam has been conducting a large-scale empirical study of Alternative Compensation Systems (ACS). In simple terms, ACS are legal mechanisms that for a small monthly fee would authorize non-commercial online uses by individuals, including the downloading and sharing of protected…

Case Law, CJEU, European Union, Private copying, Technological measures

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On March 5, 2015 the Court of Justice of the European Union (the ‘Court’ or ‘CJEU’) ruled on Case C-463/12 Copydan Båndkopi v Nokia Danmark A/S (‘Copydan’). The case marks the seventh occasion on which the Court has ruled on the issue of the private copying limitation under art. 5(2)(b) Directive 2001/29/EC (the ‘Directive’), following…

Case Law, Collective management, European Union, Jurisdiction, Private copying

(Institute for Information Law (IViR)) and (Institute for Information Law (IViR), University of Amsterdam.)/ /Leave a comment

“This would mean that the ruling will not leave end-users substantially worse-off, despite the qualification of their acts as infringing. However, that is a difficult argument to make.” In its judgment of 10 April 2014 in Case C-435/12 ACI Adam BV and Others the Court of Justice of the European Union (CJEU) ruled that the…

Case Law, Collective management, European Union, Jurisdiction, Legislative process, Private copying, Remuneration (equitable)

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This blog post discusses the recent Opinion by Advocate General Pedro Cruz Villalón in Case C-435/12 – ACI Adam and Others, delivered on 9 January 2014 (not available in English). In this case, Advocate General Villalón considered whether reproductions from unlawful sources fall within the private copying exception of art. 5(2)(b) of Directive 2001/29/EC (Copyright…

Case Law, Collective management, European Union, Exceptions and Limitations, Jurisdiction, Remuneration (equitable)

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“In essence, the disputes relate to the collecting societies’ intent to have intermediary suppliers pay levies on computers, printers and or plotters marketed in Germany. The suppliers, for their part, argued that some of the devices in question (namely printers and plotters) are incapable of autonomous copying.” On June 27, 2013, the CJEU delivered its…