CJEU

The Court of Justice of the European Union (CJEU) is an institution of the European Union (EU).  It is responsible, inter alia, for ensuring that EU law is interpreted and applied in a consistent way in all EU countries.  If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification.  The same mechanism can be used to determine whether a national law or practice is compatible with EU law.  The CJEU also resolves legal disputes between national governments and EU institutions, and can take action against EU institutions on behalf of individuals, companies or organisations.

Case Law, CJEU, Communication (right of), European Union, Making available (right of), Netherlands, Technological measures

, (Institute for Information Law (IViR))/ /Leave a comment

Once again, the Court of Justice of the European Union (CJEU) will be asked to provide clarity on the concept of “communication to the public” as laid down in article 3 of the 2001 Copyright in the Information Society Directive (InfoSoc Directive). On 20 September 2024, the Dutch Supreme Court expressed its intention to refer…

AG Opinion, Artificial Intelligence (AI), Case Law, CJEU, Digital Single Market, Round-up, Text and Data Mining (TDM)

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

Now that the summer is formally over it is time for the third trimester of the 2024 roundup of EU copyright law. In this edition, we update you on what has happened between July and September 2024 in EU copyright law – all the way from the CJEU, through Advocate General (AG) Opinions, to important…

Belgium, CDSM Directive, CJEU, Collective management, European Union, Remuneration (equitable)

(IViR, University of Amsterdam)/ /Leave a comment

On 26 September 2024, the Belgian Constitutional Court referred a highly topical issue of fair remuneration of authors and performers on online streaming platforms to the Court of Justice of the EU (CJEU). The reference, which is poised to result in one of the most significant CJEU judgments in the copyright law field, concerns the…

AG Opinion, CJEU, Design Rights, European Union, Netherlands

(Institute for Information Law (IViR))/ /2 Comments

The Advocate-General’s opinion in the Kwantum v. Vitra referral is remarkable in several ways. The case concerns the protection under Dutch copyright of the iconic “DSW” chair designed by American designers Charles and Ray Eames. Kwantum, a popular low-budget furniture store chain, sold copies of the chair without rightholder Vitra’s permission. Before the Dutch courts…

Case Law, CJEU, European Union, France

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In its jugment of 30 April 2024 (C-470/21), the Court of Justice of the European Union answered three questions referred by the French Administrative Supreme Court (‘Conseil d’Etat’), that can be summed up as follows: must Article 15(1) of Directive 2002/58 on privacy and electronic communications be interpreted as precluding national legislation which authorises the…

Case Law, CJEU, European Union, Exceptions and Limitations, Private copying

(Institute for Information Law (IViR))/ /Leave a comment

In November 2023, the CJEU cast light on the right to fair compensation under the private copying exception harmonised by Article 5(2)(b) InfoSoc Directive and the thorny issue of whether broadcasters are entitled to it. This post considers this judgment. The big question is whether there’s anything more to this seemingly mechanical judgment from the…

Case Law, CJEU, European Union, Software

(Jagiellonian University in Kraków)/ /Leave a comment

How did we get here? Case C-159/23 Sony Computer Entertainment Europe revolves around the scope of protection of computer programs under the 2009 Software Directive. The Court of Justice of the EU (CJEU) will respond to two preliminary questions posed by the German Supreme Court. The detailed background of the case was discussed in a…

Case Law, CJEU, Collective management, European Union

(Scuola Superiore Sant'Anna) and (Università La Sapienza, Roma)/ /Leave a comment

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…

CJEU, Digital Single Market, European Union, Germany, Infringement

(Sciences Po Law School, France), (University of Szeged, Hungary), (University College Dublin), and (Scuola Superiore Sant'Anna)/ /Leave a comment

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…

CJEU, European Union, Exceptions and Limitations

(Autonomous University of Madrid)/ /Leave a comment

For 25 years, a case has been circling the German Courts like a roller coaster without a final decision. To date, the Federal Court (hereinafter “BGH”) alone has ruled on the matter five times. Now, it is in the hands of the Court of Justice of the European Union (hereinafter “CJEU”)– for the second time….