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.
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 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…
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 “Filmspeler” ruling is the last stone in the CJEU’s complex construction on the application of the concept of communication to the public in hyperlinking. Starting with the seminal Svensson case in 2014 (C-466/12), the Court has been progressively diving into the deeper waters of hyperlinking and has been called upon to apply the right…
Last week we published the first part of a two-part article summarising the essence of the presentations at the annual IP conference organised by the University of Geneva on February 22, 2017 (programme available here). This is the second part of the article, discussing the remaining presentations. 4. Scope of copyright: hyperlinking and framing as…
In the current debates on the ‘value gap’ provisions in the European Commission’s DSM proposal (Art. 13 and Recital 38, see here and, e.g., here), it has been suggested that these provisions would modify the current scope of the exclusive right of communication /making available to the public and the liability exemptions of the E-commerce…
From the Celestial Jukebox to AI. We have now reached the “Celestial Jukebox” predicted by Prof. Goldstein,[1] and have even gone well beyond with the rise of Machine Learning and Artificial Intelligence. These key issues were at the heart of the annual IP conference organised by the University of Geneva on February 22, 2017 (programme…
1. Introduction As reported previously on the Kluwer Copyright Blog, 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 Vs MIBACT and SIAE) regarding the private copying exception in Article 5.2 b of Directive 2001/29/EC (the ‘InfoSoc Directive’). The…
