CDSM Directive, Communication (right of), Digital Single Market, European Union, Germany, Legislative process

(London School of Economics) and (Institute for Information Law (IViR))/ /Leave a comment

In Part 1 of this blog post we addressed certain criticisms from our esteemed colleagues Jan Bernt Nordemann and Julian Waiblinger to our 2019 working paper and the German implementation proposal of Article 17 of the Copyright in the Digital Single Market (CDSM) Directive. In this Part 2, we argue why the latter proposal is…

CDSM Directive, Communication (right of), Digital Single Market, European Union, Exceptions and Limitations, Germany, Legislative process

(London School of Economics) and (Institute for Information Law (IViR))/ /1 Comment

In a recent two part post on this blog, our esteemed colleagues, Jan Bernt Nordemann and Julian Waiblinger, argued that our 2019 working paper and the German implementation proposal reading of Article 17 Copyright in the Digital Single Market (CDSM) Directive are wrong when they treat that entire provision as lex specialis to Article 3…

Case Law, CJEU, European Union, France, Infringement, Software

(REALEX)/ /Leave a comment

The Court of Justice of the EU has handed down its judgment (18 December 2019, Case C-666/18) following the request for a preliminary ruling from the Paris Court of Appeal (IT Development v Free Mobile, 16 October 2018, No 17/02679; see our post here). In answer to the question: does the breach of a software…

Case Law, USA

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

17 U.S.C. §412 precluded developer of honey harvesting aid from seeking statutory damages for mail-order seller’s copying of advertising text in catalogue. The suit by the developer of a honey harvesting aid used by beekeepers alleging that a mail-order business infringed his copyright in advertising copy for the device was properly dismissed because the first…

Case Law, Infringement, Jurisdiction, Legislative process, United Kingdom

, (Bristows LLP)/ /Leave a comment

Summary The judgment in PRS v Qatar Airways [2020] EWHC 1872 considers an interesting jurisdiction challenge in the context of international air travel.  In December 2019, PRS issued a claim in the UK against Qatar Airways (QA) for a declaration that QA infringed the worldwide performing rights in its musical works, an injunction to prevent…

Australia, Case Law, Infringement, Moral rights

(Macquarie Law School)/ /Leave a comment

On 24 April 2020, the Federal Court of Australia handed down a decision in the case Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535 which concerned the copying of substantial parts of the iconic Australian pop-hit classic ‘Love is in the air’ by the US band, Glass Candy, and by the French airline…

CJEU, Communication (right of), European Union, Exceptions and Limitations, Germany, Infringement

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

Summary On 30 April 2020, the German Federal Court of Justice (BGH) delivered its ruling in the ‘Metall auf Metall’ saga. It decided that the appeals court had erred in finding that reproduction of a two-second sample infringed the reproduction right of a phonogram producer before the coming into force of Directive 2001/29/EC (InfoSoc Directive)….

Case Law, Infringement, USA

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

District court properly dismissed claims by United States pizza chain, finding no infringing acts in the United States. Neither the Copyright Act nor the Lanham Act apply extraterritorially to claims by a United States pizza chain against a pizzeria in Edinburgh, Scotland, which allegedly copied the architectural design, and the look and feel of the…

Case Law, USA

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

The Russian citizen’s contacts with Virginia established that he purposefully availed himself of the privilege of conducting business in Virginia. The federal district court in Alexandria, Virginia, erred in determining that it lacked personal jurisdiction over a Russian national accused by 12 recording companies of operating two websites that are devoted to “stream ripping” files…

CDSM Directive, Digital Single Market, European Union, Germany, Legislative process

(FNRS researcher at JurisLab ULB and lecturer at UCLouvain and Ecole de Recherche Graphique)/ /Leave a comment

The new Directive for Copyright in the Digital Single Market (“DSM Directive”) was a controversial piece of legislation. Notably, its article 17 has raised many concerns for its impact on fundamental rights, and particularly freedom of expression. In contrast to the mostly declarative or procedural guarantees included in the directive, I argue that an effective…