NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
Cross-Border Data Transfers and the EU-US Data Privacy Tug of War
What's Next after the Schrems II Decision of ECJ
Compliance Perspectives: The End of the Privacy Shield
Broadcasting of background music – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public as a result of possession of...more
Summary- The recent ruling of the European Court of Justice (ECJ) in Austro-Mechana (March 24, 2022, C-433/20) sheds light on two open questions: Whether private copies stored in a cloud fall under the EU private copying...more
By Emilio NicolasEmbedding an image online without permission could violate EU copyright law, says the EU’s high court in a decision issued on March 9, 2021. Article 3(1) of the EU’s Directive 2001/29 grants copyright owners...more
Online platform operators have a rare cause to be cautiously optimistic at news from the European court. In a recently-published European Court of Justice (ECJ) opinion, Advocate General Henrik Saugmandsgaard Øe stated that,...more
The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more
On April 26, 2017, the European Court of Justice (ECJ) issued a judgment on the liability of sellers of set-top boxes containing pre-installed add-ons enabling illegal access to motion pictures as well as to Pay-TV and SVoD...more
On September 8, 2016, the European Court of Justice rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies....more
This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more
One focus of the European Union’s Digital Agenda is to break down barriers to cross-border exploitation of intellectual property rights. Consistent with this goal, the European Court of Justice (ECJ) has recently dismantled...more
Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more
The European Court of Justice (ECJ) has decided that the rule of exhaustion of the distribution right upon first sale (in the U.S. known as the “first sale” doctrine) does not apply to post first-sale alterations to the...more
Technische Universität Darmstadt v. Eugen Ulmer KG - The European Court of Justice (ECJ) ruled on the meaning of an exception contained in the European Copyright Directive (2001/29/EC), permitting the provision of...more
On 5 June 2014 the European Court of Justice (CJEU) published its decision in the “Meltwater” Case C-360/13, (Public Relations Consultations Association Ltd (PRCA) v Newspaper Licensing Agency Ltd (NLA) and Others). In a...more
ACI Adam BV v Stichting de Thuiskopie - Following a reference from the Supreme Court of the Netherlands, the Court of Justice of the European Union (CJEU) held that EU law precludes member states from having national...more
Whenever we view content on the Internet, our web browsers (Internet Explorer or Firefox, for most folks) make temporary copies of that content on our computers. Amongst the rights reserved by copyright holders is the right...more
On March 27, 2014, the highest court in the European Union—the Court of Justice for the European Union (CJEU)—decided that copyright owners have the right to seek injunctions against Internet service providers (ISPs)...more
This year, as the world celebrates the 25th anniversary of the World Wide Web, the Web’s founder, Tim Berners-Lee, has called for a fundamental reappraisal of copyright law. By coincidence, this year we also anticipate a...more
On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine. As a...more
In an eagerly-awaited judgment, the Court of Justice of the European Union (CJEU) has held that the first sale doctrine applies to digital copies of software sold in the European Union or European Economic Area. In...more