In response to a reference from the Brussels Court of Appeal, the CJEU held that Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a…
…in Greece. Following the model of the Italian Communication Authority’s (‘AGCOM’) Regulation on Online Copyright Infringement and the French HADOPI, the draft law discreetly introduces at article 69 an administrative…
…the purpose and structure of Directive 96/9 that Articles 6(1), 8 and 15 thereof, which establish mandatory rights for lawful users of databases, are not applicable to a database which…
…result overall illegal downloading actually increased in this period. Therefore the measure did not result in a fair balance of the rights involved as required by article 52 of the…
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…
…definition of database in Article 1(2) of the Directive. The question is tricky since even though every bit of data, from the moment that it is capable of conveying a…
…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 2015 from the Dutch district…
…(Article 10-1 ECHR) and copyright (Article 10-2 ECHR) – Member States (and the courts) have a wide margin of appreciation (Case 5493/72 (1976), Handyside v. United Kingdom). This judgment of…
…article that a useful basis for a TDM exception could be found in article 5(3) of the Computer Programs Directive (2009/24/EC), which similarly does not distinguish between commercial and non-commercial…
Introduction The SGAE case recently resolved by the Spanish Competition Authority ended in a settlement agreement, as we previously reported . As we indicated in that article, this case did…
