…‘used’ software licence for generating a program copy as ‘lawful acquirer’ under Article 5(1) and the first half-sentence of Article 4(2) of directive 2009/24 also rely on exhaustion of the…
…months after the first case) deals with sui generis database right established by Article 7 of Directive 96/9, and in particular with the question where the acts of “extraction” and…
…between the Radio Company and the Collective Rights Management Organization on 17 September 2001. That agreement expired on 31 December 2002. In the negotiation process of a new contract the…
…programmes for which TF1 claimed broadcaster’s rights in application of Article L. 216-1 of the French Intellectual Property Code. According to that article, a broadcasting company must give its consent…
…holds that the directive is without prejudice to specific solutions being developed in the Member States to address larger mass scale digitization issues. In addition, one of the articles and…
…which it notes to be in line with Article 8 and 11 of the Enforcement Directive (IPRED). It further concludes that Article 15 ECD does not stand in the way…
…article 7 of the Dutch Constitution, that provides strong protection against preventive censorship, proved pivotal (para. 4.42 – my earlier reflection on the 11 January ruling [] touched upon these…
…for the exercise of the lawful user’s right of article 5 par. 3. Nevertheless, this interpretation which is based on the letter of article 5 par. 3 could result to…
…may occur). This article applies in addition to the general rule (Article 2 of Regulation 44/2001), which states that in principle a person is sued in the Courts of the…
…person behind the IP number at a specific time is however not known to the right holder. Article 8 of Directive 2004/48/EC on the civil enforcement of intellectual property rights…
