In Part 1 of this blog post, we introduced the core mechanism of ex-ante protection against the blocking of legal uploads in Germany’s implementation of art. 17 of the Directive on Copyright in the Digital Single Market (CDSMD). In Part 2, we examine other elements of the German implementation bill, the “Act on the Copyright…

In May 2019 right after the adoption of the Copyright in the Digital Single Market Directive, the Polish Government initiated a legal challenge before the Court of Justice of the European Union (CJEU) requesting the annulment of (parts of) Article 17. The Polish challenge claims that the application of the filtering obligations contained in Article…

The decade-long titanic battle between Oracle and Google over whether copyright law forbids unlicensed reimplementations of parts of the Java Application Program Interface (API) in a smartphone platform is finally over. In a blockbuster opinion for a 6-2 majority for the U.S. Supreme Court, Justice Stephen Breyer decisively supported Google’s fair use defense. The biggest…

One of the most awaited copyright rulings of 2019 –  Nederlands Uitgeversverbond and Groep Algemene Uitgevers v Tom Kabinet Internet BV and Others (C-263/18), on the admissibility of digital exhaustion under the InfoSoc Directive – came out on 19 December, lost in the decisions galore issued by the CJEU the last working day before the…

On 10 September 2019, AG Szpunar delivered his opinion in Nederlands Uitgeversverbond and Groep Algemene Uitgevers v. Tom Kabinet (C-263/18), concerning the lawfulness of Tom Kabinet’s sale of second-hand e-books. The referring court asked the CJEU whether the supply of e-books by downloading for permanent use is covered by the right of distribution under Article…

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs.  Here are the top posts from June, July and August. Top 3 Kluwer Copyright…

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2018 to all of our readers, as well as reflect on developments in copyright over the past year.  Last year was a busy one in the copyright world, with a number of landmark CJEU decisions,…

A full report of this case has been published on Kluwer IP Law. The Supreme Court held that in order to decide whether there has been an infringement of the personality rights of an architect by modifications to his work, it is necessary to establish the degree of intensity of relationship between the architect and…

A full report of this case has been published on Kluwer IP Law. The French Supreme Court upheld a judgment of the Court of Appeal of Paris that found an individual guilty of reproducing sculptures of Rodin, stating that the infringement of rights in a work that has fallen into the public domain consists of…

A full report of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The Court of Justice of the European Union concluded that Directive 93/98/EEC harmonising the term of protection of copyright in the EU does not have the effect of restoring or…