The football leagues in Europe seem to be on a losing streak in Luxembourg. On February 17 the European Court of Justice pronounced that Member States may reserve television coverage of FIFA World Cup events to free-to-air public broadcasters, on the basis of nationally drawn-up lists of ‘events of major importance’, as defined in the…

Discussions around a fair use defence are not new in The Netherlands. Already in the years immediately following the adoption of the EU Copyright Directive, the idea of introducing a fair use defence in the Dutch Copyright Act had given rise to heated debate, at least in the literature. The debate recently resurged when the…

A Belgian band uploaded some songs on a freely accessible website under a non-commercial & no derivative Creative Commons licence. A Belgian theatre used one of the songs to create an advertisement for the next theatrical season, which was broadcasted on several national radios channels. The Court found that the theatre did not respect the…

This is the first Greek copyright case about the liability for provision of links to works and other protected subject matter which have been uploaded to Internet without authorization. In the leading decision 965/2010, the three-member Misdemeanours Court of Kilkis was called to examine whether a website providing links to various contents posted in the…

National legislation implementing the Directive on the legal protection of designs (98/71/EC) may not exclude from copyright protection designs that were protected by a registered design right and entered into the public domain before the entry into force of said legislation, in so long as they meet the requirements to be eligible for copyright protection….

In its arrest of 3 June 2010, the Supreme Court of Belgium decided that the presumption of transfer to the employer of patrimonial copyrights in a program created within an employment relationship, does does not apply in a situation where a program is developed by the statutory manager of a limited liability company. Click here…