Liability

Case Law, CJEU, Communication (right of), Digital Single Market, European Union, Germany, Infringement, Legislative process, Liability

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

1          Introduction The right of communication to the public (Article 3 Information Society Directive) is well-established in the Court of Justice of the European Union’s (“Court”) case-law: it no longer only encompasses more physical matters, such as broadcasting of television in hotels (SGAE, C-306/05), but also digital matters, such as linking to copyright infringing content (GS Media,…

AG Opinion, Case Law, CJEU, Enforcement, European Union, Germany, Infringement, Legislative process, Liability, Neighbouring rights, Press Publishers ’ Right

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Just a few days before Christmas, Advocate General Hogan published his opinion that the German related right (neighbouring right) in favour of press publishers is unenforceable for formal reasons. In his view, it should have been notified to the European Commission before the law was passed in Germany. The final word is now with the…

Case Law, CJEU, Digital Single Market, Enforcement, European Union, Exceptions and Limitations, Germany, Infringement, Legislative process, Liability, Netherlands, Originality, Press Publishers ’ Right, Text and Data Mining (TDM)

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As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2019 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,…

Case Law, CJEU, Communication (right of), European Union, Liability, Sweden

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

In a decision of 13 November 2018 concerning joined cases T 5909-17 and T 891-18 the Swedish Supreme Court, Högsta domstolen (HD), has decided to ask the CJEU whether the catalogue of acts falling within the concept of communication to the public includes the rental of cars with a standard-fitted radio integrated into the central…

Case Law, CJEU, Digital Single Market, Enforcement, European Union, Infringement, Liability, Remedies, Sweden

(Institute for Information Law (IViR))/ /2 Comments

Website blocking injunction cases are complicated in Sweden because the Copyright Act requires contributory liability of the ISP, or in the case of interim injunctions – probable cause, for an injunction to be issued. While the reduced evidentiary burden for interim injunctions does not completely absolve a court from scrutinising the evidence, the legal context…

Case Law, Enforcement, European Union, Infringement, Liability, Remedies, Sweden

(Institute for Information Law (IViR))/ /2 Comments

Josef K. was minding his own business when one morning, even though he knew he had done nothing wrong, he was arrested. This was the beginning of his trial. In his masterpiece entitled The Trial, Franz Kafka tells, among many things, the story of a man trying to interact with a preposterous system of justice….

CJEU, Communication (right of), Digital Single Market, European Union, Legislative process, Liability

(Franklin Pierce Center for IP, Univ. of NH)/ /1 Comment

In the run-up to the Plenary vote of the European Parliament in June and again currently, some academics and other voices have criticized the JURI Committee Report especially on Article 13 of the Proposal for a Directive on Copyright in the Digital Single Market. Among others, they purport that these proposals would contravene the acquis…

Digital Single Market, Enforcement, European Union, Infringement, Legislative process, Liability, Remedies

(CIPIL, University of Cambridge) and (Institute for Information Law (IViR))/ /Leave a comment

1. Introduction In September 2016, the European Commission published its proposal for a new Directive on Copyright in the Digital Single Market, including its controversial draft Article 13. The main driver behind this provision is what has become known as the ‘value gap’, i.e. the alleged mismatch between the value that online sharing platforms extract…

Austria, Case Law, Enforcement, Exceptions and Limitations, Infringement, Liability, Remedies

(Geistwert)/ /Leave a comment

According to the Vienna Commercial Court, YouTube is not a mere host provider. Host providers are privileged, and shall not be liable for information stored if the provider does not have actual knowledge of illegal activity or information, and the provider immediately removes or blocks information when it becomes aware of the illegal content. According…

European Union, Infringement, Legislative process, Liability, Remedies

(University of Amsterdam (IViR))/ /Leave a comment

As the endgame for the negotiations on the long-awaited new European Directive on copyright in the Digital Single Market is finally on, the debate focuses very much on article 13 of the proposed directive. A lot has been published already about the consequences of this proposal for the future of ‘the-internet-as-we-know-it’, but what are its…