European Union

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

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On 26 March, the Court of Justice of the European Union (CJEU) handed down Case C-279/13 C More Entertainment, the latest decision regarding the right of communication to the public in the context of websites providing links to content. In this particular case, C More provided live broadcasts of ice hockey matches on the Internet for payment of…

Case Law, CJEU, European Union, Private copying, Technological measures

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

On March 5, 2015 the Court of Justice of the European Union (the ‘Court’ or ‘CJEU’) ruled on Case C-463/12 Copydan Båndkopi v Nokia Danmark A/S (‘Copydan’). The case marks the seventh occasion on which the Court has ruled on the issue of the private copying limitation under art. 5(2)(b) Directive 2001/29/EC (the ‘Directive’), following…

Case Law, CJEU, European Union, Remuneration (equitable), Transfer (of right)

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An auction house may transfer the responsibility of paying the artist’s ‘droit de suite’ from the seller to the buyer. This judgment, rendered by the European Court of Justice on 26 February 2015 in response to a reference from the French Supreme Court, will satisfy the auction houses and art dealers in Europe (Christie’s France…

Case Law, CJEU, European Union, Jurisdiction, Remedies

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Is the mere accessibility of a copyright infringing website sufficient to establish jurisdiction in a Member State? The Court of Justice of the European Union says a resounding “yes” in Pez Hejduk C-441/13. The decision does not come as a big surprise, given the earlier (in)famous Pinckney C-170/12 ruling (reported on this blog here) –…

Case Law, Distribution (right of), European Union, Exhaustion, Reproduction (right of)

(Marx Van Ranst Vermeersch & Partners )/ /Leave a comment

In its recent decision (22 January 2015) in the Allposters case (C-419/13), the ECJ confirmed that exhaustion of the distribution rights does not apply to works that have been modified. The copyright owner can therefore still oppose the distribution of the modified work, even if he had agreed to the distribution of the original work….

Case Law, Database right, European Union

(University of Cyprus)/ /Leave a comment

The CJEU’s interpretative work on copyright law issues launched in 2015 with the decision of 15 January in the case of Ryanair Ltd v PR Aviation BV (Case C‑30/14). The Ryanair ruling is the latest stone added to the complex edifice of legal protection of databases in Europe. PR Aviation operates a website which allows…

Communication (right of), European Union, Infringement, Reproduction (right of), Software

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

The book “The Variable Scope of the Exclusive Economic Rights in Copyright” recently published in Kluwer’s Information Law Series is the result of my doctoral research (which led to a doctoral dissertation defended at Vrije Universiteit Brussel in 2011).  This article provides an overview of the research described in the book, followed by a more…

European Union

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By Kluwer Law International Kluwer Law International is looking for an Associate Editor for the Kluwer Copyright Blog (the blog you are reading now) and for our Landmark EU Copyright Cases project. The Associate Editor will report directly to the editorial team at Kluwer Law International, and will work closely with the Editor-in-chief, Dr. Lucie…

Case Law, European Union, Jurisdiction, Legislative process

(Maastricht University)/ /Leave a comment

“With the decision in case C-114/12, the Court is now placing emphasis on the hypotheticals by holding that the mere possibility of an international agreement impacting the EU acquis is enough to rule out Member States’ intervention, making the EU exclusively competent to conclude this type of agreement.” On 4 September 2014, the Court of…