European Union

Belgium, European Union, France, Germany, Infringement, Jurisdiction, Legislative process, Making available (right of)

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

“According to the current formulation of the draft law, material quoted by humans for commentary and analysis, as opposed to that automatically selected by a computer, may be copied freely.” The link wars have once again broken out in Europe. In August, the German cabinet gave its backing to a draft law allowing news publishers…

Collective management, European Union, Legislative process, Poland

(Institute of Intellectual Property Law, Jagiellonian University Kraków)/ /Leave a comment

“The Polish Parliament is of the opinion the draft proposal does not adequately explain why these goals can be “better” realised on the EU level. “ Friday, October 12th 2012 was packed with action in the Polish Parliament (Sejm), because on that day the prime minister subject his government to the vote of confidence and…

Authorship, Collective management, European Union, Exceptions and Limitations, Legislative process, Making available (right of), Reproduction (right of)

(Schulich School of Law )/ /Leave a comment

Last week, the European Parliament approved the draft Directive on certain permitted uses of orphan works. The approval of the Council of Ministers is expected to occur shortly. This is big news indeed, for it’s the first draft directive in the area of copyright law to make it this far in more than 10 years….

Collective management, Enforcement, European Union, Jurisdiction

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

On July 11 the European Commission published its first official draft of the Proposal for a Directive “on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market” (the “Proposal”). This blog post is Part II of an analysis of the Proposal. Part…

Collective management, European Union, Jurisdiction

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

On July 11 the European Commission published its first official draft of the Proposal for a Directive “on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market” (the “Proposal”). According to the Commission’s Press Release, the Proposal’s two complementary objectives are those…

Distribution (right of), Enforcement, European Union, Infringement, Jurisdiction, Liability

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

“A generalised principle of the “targeted” country might well become a recognised point of attachment in copyright conflicts of laws, at least in cases where such target jurisdictions can clearly be identified.” The distribution of industrial products protected by copyright law can amount to a criminal offence as a violation of the distribution right. In…

Case Law, Distribution (right of), European Union, Exhaustion, Making available (right of), Software

(Institute of Intellectual Property Law, Jagiellonian University Kraków)/ /1 Comment

“With a bit of pathos one may say that the CJEU has restored the old exhaustion principle to its full glory in the digital age. In order to do so the Court did not hesitate to be adventurous with legal interpretation and has also opened new fields for discussion.” On July 3 the CJEU delivered…

Case Law, Database right, European Union, Jurisdiction

(Centre for Commercial Law Studies)/ /Leave a comment

On 21 June 2012, Advocate General Cruz Villalón delivered his opinion in Case C-173/11: Football Dataco Ltd and Ors v. Sportradar GmbH and Ors regarding a question where the use of the content of a database protected by sui generis database right takes place. It has been four months since the Court of Justice delivered…

European Union, Exceptions and Limitations, Legislative process, Making available (right of), Reproduction (right of)

(Department of Business Law, Lund University)/ /Leave a comment

Literary works, photos, films and music and other items that constitute our common cultural heritage are stored in the collections of cultural institutions, such as publicly accessible libraries, museums and archives. Many of these items are still protected by copyright, but their right holders cannot be identified or located – i.e. the works are so-called…

European Union, Jurisdiction, Legislative process, Netherlands

(Maastricht University)/ /1 Comment

As readers of this blog might recall, the Anti-Counterfeiting Trade Agreement (ACTA) has spurred fierce criticisms across Europe. Probably as a consequence of that, the EU has suspended the ratification process and, last 4th of April, the College of Commissioners has agreed on the wording of a question to refer to the Court of Justice…