‘Please go!’ said pop group Golden Earring to their music publisher Nanada when they put an end to their publishing contract! As it sometimes happens in long-standing relationships, the once harmonious author/publisher cooperation had deteriorated to such an extent that a break-up was inevitable. Unfortunately, Golden Earring’s way of going about it brought both parties…
A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The CJEU held that Article 9, particularly the concept of ‘access to cable of broadcasting services’, must be interpreted as not covering or permitting national legislation which provides that copyright…
On 14 June 2017, the CJEU handed down its highly anticipated decision in Case C-610/15, Stichting Brein v Ziggo. As was reported on this blog when the Advocate General’s Opinion was released, the case represents the first time that the liability proper (i.e. for damages, as opposed to mere injunctions) of an internet intermediary for…
A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The CJEU held that EU law, particularly Article 5(2)(b) of Directive 2001/29, precludes national legislation that subjects exemption from payment of the private copying levy for producers and importers of…
A photographer took a portrait of a lawyer, who subsequently published the portrait in numerous newspaper articles. A lawsuit was initiated by an association enforcing the rights of the photographer. The photographer had sent the picture to the lawyer in JPEG-format. In the IPTC-metadata of the file (thus data which contain information about other data),…
A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The CJEU held that the price of a hotel room should not be regarded as an ‘entrance fee’ in relation to the exclusive right of broadcasters provided for in Article…
A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. In this judgment, the Spanish Supreme Court ruled on the concept of originality in respect of architectural works, and for the first time established clear and specific guidelines for applying copyright…
Computer games are becoming more and more important, not only in everyday life but also in legal theory. The German Federal Supreme Court has now issued a decision on the online game World of Warcraft (decision of 06.10.2016, I ZR 25/15 – World of Warcraft I). In this decision, the Court addressed questions regarding the…
In recent years, the Court of Justice has issued a growing number of decisions in response to questions referred for a preliminary ruling on the concept and delimitation of the right of communication to the public in the European Union. CJEU case-law on the topic is currently overwhelming. The particular features of each of the…
The Spanish Supreme Court has recently ruled on the concept of originality in respect of architectural works, and for the first time has established clear and specific guidelines for applying copyright protection to works of this nature. The situation which gave rise to the proceedings is very common in the architectural sector. An architect (the…
