European Union

Case Law, Collective management, Communication (right of), European Union, Jurisdiction, Legislative process

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

“The answers from Luxembourg were much awaited not only due to the questions being interesting as such, but also because academia, the European Commission and the CJEU do not see eye to eye on these currently highly debated issues.” In response to questions lodged by a Czech court (Krajský soud v Plzni) in a preliminary…

European Union, Infringement, Jurisdiction

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

“However, another aspect attracted my full attention.” While preparing a post for this blog about the wonderful panel ‘Who owns the World Cup: The case for and against property rights in sports events’,  that concluded IViR’s 25th anniversary conference, something unusual stopped me. I received an email from a colleague informing me that the videos…

Digital Single Market, European Union, Jurisdiction, Legislative process

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“Every day citizens here in the Netherlands and across the EU break the law just to do something commonplace. And who can blame them when those laws are so ill-adapted.” Speech Neelie Kroes, vice-president of the European Commission, delivered at the opening of Information Influx, the 25th anniversary conference of the Institute for Information Law…

Case Law, European Union, Jurisdiction, Legislative process

(Maastricht University)/ /Leave a comment

“The Court added a cherry on top of the transparency cake.” It is no secret that secrecy in the TTIP negotiations has been bothering several sectors of civil society (apologies, but the links to back this up were too many to insert here). Just last week, the Court of Justice has issued a decision in…

Case Law, Collective management, European Union, Jurisdiction, Private copying

(Institute for Information Law (IViR)) and (Institute for Information Law (IViR), University of Amsterdam.)/ /Leave a comment

“This would mean that the ruling will not leave end-users substantially worse-off, despite the qualification of their acts as infringing. However, that is a difficult argument to make.” In its judgment of 10 April 2014 in Case C-435/12 ACI Adam BV and Others the Court of Justice of the European Union (CJEU) ruled that the…

European Union, Jurisdiction, Legislative process

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

“The study concludes that under their domestic copyright laws none of the current EU Member States offer protection to sports events as such. A handful of countries, however, afford some special form of protection to the specific interests of sports organizers.” A study on sports organizers’ rights was launched by the European Commission in January…

Austria, Case Law, European Union, Infringement, Jurisdiction, Liability

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

“This indicates the main danger of the ruling, that of fragmentation. This was foreseen by the Austrian referring court, which suggested that guidelines assessing the proportionality of blocking measures be laid down by the CJEU – that would have been welcome indeed! That absence is certainly the biggest deficiency of the ruling.” Last Thursday, the…

European Union, France, Jurisdiction, Remuneration (equitable), Transfer (of right)

(REALEX)/ /Leave a comment

Can an auction house transfer the responsibility of paying the resale right royalty from the seller to the buyer? Directive 2001/84/EC created a resale right (‘droit de suite’) in the EU for the benefit of the author of an original work of art. This resale right is ‘defined as an inalienable right, which cannot be…

Case Law, Collective management, European Union, Jurisdiction, Legislative process, Private copying, Remuneration (equitable)

(Institute for Information Law (IViR)) and (Institute for Information Law (IViR), University of Amsterdam.)/ /Leave a comment

This blog post discusses the recent Opinion by Advocate General Pedro Cruz Villalón in Case C-435/12 – ACI Adam and Others, delivered on 9 January 2014 (not available in English). In this case, Advocate General Villalón considered whether reproductions from unlawful sources fall within the private copying exception of art. 5(2)(b) of Directive 2001/29/EC (Copyright…

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

(Elzaburu)/ /Leave a comment

“In other words, the initial communication by the copyright holder already encompassed the potential public that subsequently accessed the content via the links” The long-awaited judgment of the CJEU in the Svensson case, judgment of 13 February 2013 in (C-466/12). The legal definition of internet links has been a widely-discussed subject in recent times, pitting…