AG Opinion

AG Opinion, Case Law, CJEU, Collective management, European Union, Exceptions and Limitations, France, Remuneration (equitable)

(Max Planck Institute for Innovation and Competition)/ /Leave a comment

The prior express consent of the author is necessary to use a copyright work under EU law; the statutory presumption of collective management of copyright doesn’t comply with the need for express prior consent, even with an opt-out possibility and for a legitimate objective, Advocate General Wathelet said in his opinion on the pending request…

AG Opinion, Case Law, CJEU, Communication (right of), Digital Single Market, European Union, Germany, Infringement

(NORDEMANN)/ /2 Comments

1. Introduction The internet has been a challenge for copyright since its advent two decades ago. Many questions have now been answered. It is surprising, however, that one of the main internet technologies, hyperlinking, is still the subject of hotly debated issues under EU copyright law, which the CJEU has yet to answer. 2. Linking…

AG Opinion, Case Law, CJEU, Communication (right of), Digital Single Market, European Union, Infringement

(Maastricht University)/ /Leave a comment

On the 7th of April AG Wathelet issued his Opinion in the GS Media case (C-160/15). The case concerned the provision by GS Media of hyperlinks that directed users to Filefactory.com, an Australian data-storage website. Users could then click on the following link, which would open a window that contained the button “DOWNLOAD NOW”. By…

AG Opinion, Case Law, CJEU, Enforcement, European Union, Germany, Infringement, Injunction, Liability, Remedies

(CIPIL, University of Cambridge)/ /Leave a comment

On 16 March 2016 the CJEU’s Advocate General Szpunar handed down his Opinion in case C-484/14, Mc Fadden. The case concerns the liability of Tobias Mc Fadden, the owner of a business selling lighting and sound systems in Munich. Mr Mc Fadden operates a Wi-Fi hotspot on the business’ premises, deliberately left unprotected by a…