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Copyright Advocate General

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
MoFo Tech

Determining Liability For Illegal Uploads To Online Platforms: An ECJ Opinion Decides In Favour Of Platform Operators

MoFo Tech on

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

Hogan Lovells

EU Advocate General Opinion in Spedidam: rights of performers

Hogan Lovells on

On 16 May 2019, the CJEU Advocate General delivered his opinion in Spedidam, following the request for a preliminary ruling from the French Supreme Court on whether the French legal framework allowing the French National...more

Hogan Lovells

iPunkt recap… Will CJEU follow Advocate General on unauthorised sampling opinion?

Hogan Lovells on

In December 2018, CJEU Advocate General Szpunar took the view that the reuse of a sound sequence in a new song (referred to as sampling) without the author’s permission violates copyright law (case C-476/17 – Moses Pelham et...more

Hogan Lovells

Advocate General rejects copyright infringement in German Afghanistan Papers case

Hogan Lovells on

Can the Federal Republic of Germany invoke a copyright on military status reports? This is the key question currently before the European Court of Justice (CJEU) (Case Ref. C-469/17)....more

Hogan Lovells

CJEU: Re-posting content is a “communication to the public”

Hogan Lovells on

Copying an image from a website and using it for one’s own purposes, e.g. the illustration of a memo which eventually happens to be uploaded to another website – this happens a hundred times every day. However, such conduct...more

Hogan Lovells

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

Hogan Lovells on

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that...more

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