Communication (right of)

The right of communication to the public is set out in Article 3(1) of Directive 2001/29/EC (the Copyright Directive or Infosoc Directive), which requires that EU member states must provide authors with the exclusive right to authorise or prohibit any communication to the public of their works by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.

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…

Case Law, Communication (right of), European Union, Round-up, Software

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

Welcome to the second trimester of the 2024 roundup of EU copyright law right in time before the (hopefully) quiet summer period starts. In this edition, we update you on what has happened between March and June 2024 in EU copyright law. As our regular readers know, this roundup series includes Court of Justice (CJEU)…

AG Opinion, Artificial Intelligence (AI), CDSM Directive, Collective management, Communication (right of), European Union, Legislative process, Round-up, United Kingdom

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

Welcome to the first trimester of the 2024 roundup of EU copyright law (though with a slight delay)! In this edition, we update you on what has happened between January and March 2024 in EU copyright law. Interestingly enough, in this issue you will find quite a bit of UK policy reports. As our regular…

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, 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…

Communication (right of), Distribution (right of), European Union, Exhaustion, NFTs, United Kingdom

(KU Leuven Brussels) and (City, University of London)/ /Leave a comment

Part I of this blog introduced the first of three ambiguities NFT purchasers may face. In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis.   The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘principle of…

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…

Communication (right of), Enforcement, Infringement, Technological measures

(Centre for Commercial Law Studies, Queen Mary University of London), (University of Bristol), and (Queen Mary University of London)/ /Leave a comment

This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry which was prepared by the authors for the World Intellectual Property Organization. Part 1 looked at the state of the art of the video game industry, as well as at cloning and cheating. This part…

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…

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

(University of Cyprus)/ /Leave a comment

Grand Production d.o.o. v GO4YU GmbH (Case C‑423/21) The facts of the case are representative of the grey areas of the application of copyright territoriality in the digital era. The applicant, Grand Production d.o.o., is a Serbian company which produces television programs that are broadcast in Serbia by a TV channel, Prva Srpska Televizija. Another…