European Union

Canada, Case Law, CJEU, Communication (right of), Conference, European Union, Exceptions and Limitations, Fair Use, Infringement, Making available (right of), Switzerland, Text and Data Mining (TDM)

, , (Sigma Legal)/ /Leave a comment

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…

CJEU, Communication (right of), Digital Single Market, European Union, Exceptions and Limitations, Legislative process, Liability, Making available (right of)

(Franklin Pierce Center for IP, Univ. of NH)/ /Leave a comment

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…

Canada, CJEU, Conference, Digital Single Market, European Union, France, Legislative process, Switzerland, USA

, , (Sigma Legal)/ /Leave a comment

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…

AG Opinion, Case Law, CJEU, Communication (right of), European Union, Infringement, Liability, Remedies

(CIPIL, University of Cambridge)/ /Leave a comment

On 8 February Advocate General Szpunar handed down his Opinion on Stichting Brein v Ziggo. The case is significant, as it represents the first time that the liability of an internet intermediary for copyright infringement will be considered by the CJEU. To date, all decisions handed down by that court on intermediary liability have instead…

Case Law, CJEU, Communication (right of), European Union, Infringement, Legislative process, United Kingdom

(Bristows LLP) and (Bristows)/ /Leave a comment

The CJEU has handed down a decision which is likely to land a fatal blow to the online streaming service TVCatchUp in their long running saga with free-to-air broadcasters. Background As we reported back in 2015, this reference to the CJEU by the UK Court of Appeal followed an appeal by the claimant broadcasters against…

Case Law, CJEU, Communication (right of), Digital Single Market, European Union

(University of Cyprus)/ /Leave a comment

The right of communication to the public has proved to be one of the most intriguing concepts of EU copyright law. The CJEU has had to decide on its scope of application in a variety of cases both in the analogue (See the seminal SGAE case C-306/05) and in the digital world (See: Svensson case…

CJEU, Damages, Enforcement, European Union, Remedies

(Clifford Chance)/ /Leave a comment

On 25 January 2017, the CJEU handed down a very interesting judgment in case C-367/15, concluding that Article 13 of Directive EC 2004/48 (better known as “the Enforcement Directive”) does not prevent a national regulation from stating that when an intellectual property right (“IPR”) has been infringed, the IPR owner may claim an amount corresponding…

CJEU, European Union, Infringement, Liability, Remedies, Sweden

(Institute for Information Law (IViR)) and (Cirio Law Firm)/ /Leave a comment

Readers familiar with EU copyright law will recall that national courts of the EU Member States are able to issue injunctions against ISPs (providers of internet access) ordering them to prevent their customers from accessing websites infringing copyright by blocking access to the websites (UPC Telekabel Wien v Constantin Film C-314/12) by reference to Article…

European Union, Infringement, Legislative process, USA

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

In December 2016, the Office of the U.S. Intellectual Property Enforcement Coordinator introduced a Joint Strategic Plan on Intellectual Property Enforcement (FY 2017-2019). Since 2014, on the other side of the Atlantic ocean, the European Union has been undertaking steps to complete a comprehensive modernisation of the copyright system, including a reform of the Enforcement…