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.

AG Opinion, Authorship, Case Law, CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Legislative process, Liability, Originality, Private copying, Round-up, Text and Data Mining (TDM)

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

Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active. This round up series…

CJEU, European Union, Exceptions and Limitations, Germany, Infringement

(Morrison Foerster)/ /Leave a comment

In Greek mythology, the saga of Sisyphus personifies relentless and never-ending toil – condemned by the gods to an eternity of pushing a massive boulder up a steep hill, only to watch it roll back down again as he nears the summit. With 24 years of legal proceedings and a dozen court rulings behind them,…

CJEU, Communication (right of), European Union, Exceptions and Limitations, Infringement, Private copying

(NOVA School of Law) and (NOVA School of Law Lisbon)/ /Leave a comment

With the Court of Justice of the EU (CJEU) restarting its activities after the vacation break, we look back to one of the late-summer judgement, standing out for its technical, yet impactful character. In Case C-426/21, the CJEU looked into the complicated relationship between copyright law and online television services. The focus of the case…

AG Opinion, Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Round-up

(University College London) and (Institute for Information Law (IViR))/ /1 Comment

Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You can read the previous round-ups…

Case Law, CJEU, Communication (right of), European Union

(University of Cyprus)/ /Leave a comment

On 20 April 2023 in the joined cases Blue Air ( C-775/21) and  SNTFC (C-826/21) the CJEU pronounced once again on the infringement of the right of communication to the public, making a further contribution to the already rich case law in this field. This time the questions related to the existence (or not) of…

Belgium, CJEU, Collective management

(Crowell & Moring LLP and UCLouvain - Saint Louis Bruxelles) and (Crowell & Moring, Brussels)/ /Leave a comment

Background On 8 September 2022, the Brussels court of appeal delivered a long-awaited judgment in a case between the collective management organisation “Belgian Association of Authors, Composers and Publishers” (“SABAM”) and a wide array of music festival organisers in Belgium, the overarching Federation of Music Festivals in Flanders (“FMFF”) and British direct licensing company Pace…

AG Opinion, Case Law, CDSM Directive, CJEU, Communication (right of), Contract, European Union, Exceptions and Limitations, Legislative process, Private copying, Reproduction (right of)

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

Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. This includes Court of Justice (CJEU) and General Court…

CJEU, Design Rights, European Union, Legislative process, Originality

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

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views.     On 28 November 2022, the EU Commission published proposals for amendment of the Design Regulation and for recast of…

Austria, CJEU, European Union, Infringement, Private copying, Remuneration (equitable)

(Johannes Kepler University Linz / University for Continuing Education Krems)/ /Leave a comment

Despite the increasing use of streaming services, where media content is not stored on local devices, but merely accessed online, the private copying exception (Art 5(2)(b) InfoSoc Directive) remains at the center of European jurisprudence.  In the Austro-Mechana v. Strato case, the Austrian courts have to decide whether the remuneration for private copying must also be…

Bulgaria, CDSM Directive, CJEU, Denmark, Digital Single Market, European Union, Finland, Latvia, Legislative process, Poland, Portugal

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The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive). This follows its decision last year to send reasoned opinions to 13…