AG Opinion, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process, Poland

(University College Dublin) and (NOVA School of Law Lisbon)/ /Leave a comment

In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads. If followed by the Court of Justice of the…

Case Law, Infringement, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

“Copyright troll” Design Basics failed to show that copyrighted home designs and allegedly infringing floor plans were “virtually identical.” An infringement suit by Design Basics, LLC, which holds copyrights in thousands of single-family home floor plans and has brought hundreds of infringement suits against homebuilders nationwide, was properly dismissed because Design Basics failed to prove…

Legislative process, Poland, Private copying

(Catholic University of Lublin John Paul II)/ /Leave a comment

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far. In Part I of this blog…

Legislative process, Poland, Private copying

(Catholic University of Lublin John Paul II)/ /Leave a comment

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). The draft law on the rights of professional artists announced by the Polish Ministry of Culture will significantly change how the private…

Germany, Infringement, Liability

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According to a recent Oberlandesgericht (Court of Appeal – CoA) Cologne ruling, providers of DNS resolvers may be held accountable to DNS block domain names used by websites which run an illegal business model dedicated to copyright infringements. Additionally, providers of content delivery networks (CDNs) have a duty to stop their services for such rogue…

AG Opinion, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

(University College London)/ /Leave a comment

It certainly feels like the CDSM Directive has been the hottest topic in copyright law for quite some time now. If we had to be more specific and identify one main protagonist, the answer would unequivocally be: Article 17. Since its birth with the European Commission’s proposal, all the way through to the guidance from…

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

, (GFF (Society for Civil Rights))/ /Leave a comment

In Part 1 of this blog post, we explained the importance of the CJEU judgment in joined cases C-682/18 (YouTube) and C-683/18 (Cyando) for the application of copyright law, even after the introduction of a new copyright liability regime for certain online platforms through Art. 17 DSM Directive. In this part 2, we turn to…

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

, (GFF (Society for Civil Rights))/ /Leave a comment

The European Court of Justice (CJEU) ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. 3 (1) InfoSoc Directive, has been eagerly awaited for a long time. Such a long time – almost a year has passed since the Advocate General opinion (see here) – that…

Case Law, Fair Use, Infringement, Reproduction (right of), USA

(City, University of London) and (University School of Law and Legal Studies, New Delhi)/ /Leave a comment

In February 2019, Tamita Brown, Glen S. Chapman, and Jason T. Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “Fish Sticks n’ Tater Tots” by using it in their documentary titled ‘Burlesque’ (Brown v. Netflix, Inc.)….

Enforcement, European Union, Infringement, Italy

(University of Milan)/ /Leave a comment

Italian case law on dynamic injunctions and the impact of piracy of live sport events In previous posts on this Blog we have analyzed some developments in Italy with regards to private and administrative enforcement against illicit distribution of copyright content over the Internet and the use of the dynamic injunction, with special focus on…