The German Federal Court of Justice (BGH) has ruled on two cases concerning internet access providers’ obligation to block access to websites providing links to predominantly illegal content. In these two landmark decisions, the BGH has paved the way for website blocking in Germany. Where protected content is offered illegally, directly or via link providers,…
On November 13th the Dutch Supreme Court provided another chapter in the case of ISPs and blocking of the Pirate Bay (hereafter: TPB). It decided that the Court of Appeal had used an incorrect, namely too broad, criterion to judge the effectiveness of a blocking measure. Furthermore, preliminary questions were referred to the ECJ concerning…
On December 9th 2015 the Commission revealed its plans for the modernisation of copyright law. The target is to adapt copyright law to technological challenges and to make it more European, digital friendly and functional in an EU digital single market. The Commission’s strategy focuses on the three key areas which have been identified by…
Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it transmits its programme-carrying signals exclusively to signal distributors without those signals being accessible to the public (the “direct injection” technique). This judgment by the European…
Wolters Kluwer is proud to launch its new Kluwer Trademark Blog, our latest IP Law blog, in addition to the successful Patent and Copyright law blogs. Trademark law is constantly developing, especially in the European Union (EU). Ever since the introduction of European law and increasingly so after the harmonisation of European trademark law, the…
On October 29th 2015, the Court of Justice of the European Union delivered its judgment in the case C‑490/14, Freistaat Bayern v Verlag Esterbauer GmbH. The Court was called upon to clarify the definition of “database” in Directive 96/9 on the legal protection of databases. It is noteworthy that the Database Directive, one of the…
The case of Svensson Retriever has shown that a hyperlink to a work freely available on a website accessible for all internet users is not a new communication to the public in the sense of Article 3(1) of Directive 2001/29/EC. However, the preliminary questions posed to the ECJ by an interlocutory judgment of September 30…
The French Supreme Court (‘Cour de cassation’) has caused a stir in France (15 May 2015, No 13-27391), by quashing a judgment of the Court of Appeal of Paris for breaching Article 10-2 of the European Convention on Human Rights (“ECHR”). The Supreme Court held that before condemning an alleged infringer for copyright infringement, the…
Readers of this blog are familiar (or should I say fed up?) with the piecemeal legal framework of EU copyright. With nine directives in the field of copyright alone (plus one on enforcement), the legal patchwork is evident. One of the problems with this scenario is the interplay of the different directives with one another….
…and they show overwhelming support for the introduction of a mandatory copyright exception for text and data mining for both commercial and non-commercial purposes. Back in September, we launched a blog poll on the potential introduction of a mandatory text and data mining exception. We asked our blog readers their views on the following statements:…
