Recently, the Court of Appeal in TuneIn v Warner Music UK Ltd & Anor confirmed the continued application of “retained EU law” in the UK on the thorny issue of communication to the public and clarified the assessment of the “new public” in TuneIn appeal. The UK approach for now remains in line with the…

In this new series we will be updating readers every three months on developments in EU copyright law. This will include Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments.   The end of 2020 Since this is the first issue of our round up, we have also…

On March 9th, 2021 the CJEU delivered its eagerly awaited decision on the VG Kunst case (C‑392/19). The facts of the case are interesting, since the question of the lawfulness of frame linking and of inline linking was not directly raised. Instead, it appears indirectly in the context of the assessment of licence terms requiring…

On the 16 July 2020, the Advocate General (AG) Saugmandsgaard Øe delivered his much-awaited opinion on the case of Peterson v YouTube (joined cases C-682/18 and 683/18), referred to the CJEU by the German Federal Court of Justice. Having explicitly precluded the consideration of provisions of the Copyright in the Digital Single Market (DSM) Directive…

By now everyone in the world must have heard of Sweden, especially European copyright lawyers. This post concerns two recent preliminary rulings from the CJEU, both at the request of Swedish courts. As both involved the communication to the public right, and both led the CJEU to pronounce the infrequently heard incantation that Article 3…

The first part of this blogpost analysed the main theoretical foundations of the AG’s Opinion in the VG Bild-Kunst case (C‑392/19). The second part focuses on the application of this theoretical background to frame links and inline (automatic) links. As will be shown, the AG has proposed a methodological model of distinction between hyperlinks on…

On September 10, 2020 the Advocate General (AG) Maciej Szpunar delivered his Opinion on the case of VG Bild-Kunst v Stiftung Preußischer Kulturbesitzanother (C‑392/19), a further case concerning the legality of linking. The assessment of linking from an EU copyright law perspective appears to be a labyrinthine legal exercise, since, following the seminal Svensson (C‑466/12)…

Part 1 of this blog post introduced the claim by rightsholders and some other commentators that Article 17 of the EU Directive on Copyright in the Digital Single Market (DSM Directive) is a mere clarification of existing Court of Justice case-law on communication to the public and intermediary liability. The second part of this blog…

EU Member States are currently grappling with the task of implementing the Directive on Copyright in the Digital Single Market (DSM Directive) into national law. The European Commission is preparing its guidance to help national legislators make sense of its most controversial part, Article 17. These legislative developments have prompted a series of remarkably similar…

In Part 1 of this blog post we addressed certain criticisms from our esteemed colleagues Jan Bernt Nordemann and Julian Waiblinger to our 2019 working paper and the German implementation proposal of Article 17 of the Copyright in the Digital Single Market (CDSM) Directive. In this Part 2, we argue why the latter proposal is…