“No obligation of monitoring subsequent publications is inscribed in the law; however French Courts have a tendency to impose such an obligation on hosting providers shifting from a notice and take down rule to a notice and stay down rule.” On 29 May 2012, the Paris Court of First Instance (Tribunal de Grande Instance) issued…
By Raquel Xalabarder, Universitat Oberta de Catalunya “This ruling is very good news for the recent doctrinal attempts to bring some flexibility in the way copyright laws are being interpreted and applied. It is difficult to predict the impact that this ruling may have in successive case law, but it is certainly an important milestone…
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…
German Court of First instance rules that YouTube is only liable for secondary liability for user’s infringing uploads, but must prevent future infringements of identified works by screening of and implementing a word filter for new uploads. In this test run case the German composers and lyricists collecting society GEMA claimed that 12 songs of…
The German Federal Court of Justice rejects liability for image search thumbnails even if they are indexed on websites showing the images without permission as long as other websites did so with the rights holder’s consent. The first landmark case involving thumbnail previews of Google’s image search function in Germany (Vorschaubilder I, 2010) had dealt…
Copyright law has developed in close connection with technological evolution. This is particularly true of digital technologies, especially the Internet, which, since the mid-1990s, has generated both vast opportunities and enormous challenges for the copyright system. Geographical distance is no longer an obstacle to the dissemination of works, which can now take place at virtually…
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…
The Dutch Court of Appeal in Leeuwarden has ruled in favor of an online market platform with regard to its liability for intellectual property infringements and the burden of policing for unlawful use of its platform. The case between Stokke, the producer of the Tripp Trapp highchair, and Marktplaats, an eBay subsidiary and the most…
On 10 May, the District Court of The Hague extended an earlier ruling with regard to two access providers to block The Pirate Bay to several major Dutch access providers. The providers lament the ruling and consider appealing it, but soon more than 90% of the Dutch market blocks the infamous website. On the same…
In recent years, Italian courts have struggled to create a new figure, the ‘active hosting provider,’ whereby providers that do not offer any content themselves, can nonetheless be held liable with regard to their (commercial) activities in relation to infringing content that was uploaded by users. On the one hand, it could be argued that…
