News & Analysis as of

Copyright Copyright Infringement Court of Justice of the European Union (CJEU)

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.
Latham & Watkins LLP

VG Bild-Kunst: Practical implications of the CJEU’s latest decision on linking and framing

Latham & Watkins LLP on

This recent CJEU decision raises a number of considerations for content rights holders and for those seeking to link to content online, across both the EU and the UK - Under UK and European laws, the rights of copyright...more

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review – European Issues

McDermott Will & Emery on

The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more

Hogan Lovells

Tom Kabinet: CJEU rules resale of e-books requires permission of copyright holder

Hogan Lovells on

The CJEU in its Tom Kabinet judgment has ruled that the supply of e-books qualifies as “an act of communication to the public” under the InfoSoc Directive instead of “a distribution to the public” as is the case with physical...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

Morrison & Foerster LLP

Time to Hit Pause: Copyright Infringement on User Generated Platforms – When Is the Platform Provider Liable for Damages?

The German Federal Supreme Court presses the EU Court of Justice to clarify when online platforms are liable under EU law for damages for copyright infringements by content made available by their users. Content uploaded...more

Hogan Lovells

CJEU pokes holes in copyright protection for the taste of cheese

Hogan Lovells on

This week, the European Court of Justice (CJEU) ruled that the taste of cheese does not enjoy any copyright protection (C-310/17)....more

Hogan Lovells

EU Copyright – Infringing the distribution right: AG includes warehousing of counterfeits

Hogan Lovells on

A Swedish preliminary ruling procedure is currently pending before the European Court of Justice (CJEU) and represents the latest in a run of rulings on the scope of the distribution right under Article 4 of the InfoSoc...more

Hogan Lovells

Provider liability: First YouTube, now “uploaded” – next case before the CJEU

Hogan Lovells on

Only two weeks ago, the Federal Court of Justice (BGH) referred various questions to the Court of Justice of the European Union (CJEU) concerning the liability of the video platform YouTube....more

Hogan Lovells

German Federal Court of Justice submits copyright dispute over YouTube to CJEU

Hogan Lovells on

This week, copyright is all over the place. After the European Parliament voted on proposed copyright reform in Europe last Wednesday (12 September 2018), the long-awaited decision of the German Federal Court of Justice (BGH)...more

Hogan Lovells

Can a taste be protected by copyright in Europe?

Hogan Lovells on

This is, in essence, the fundamental question that has been submitted to the CJEU in the case C-310/17 (Levola Hengelo v. Smile Foods). ...more

Hogan Lovells

A second market for “used” e-books – CJEU will decide

Hogan Lovells on

Ever since the European Court of Justice (CJEU) in its highly regarded UsedSoft ruling declared the resale of “used” software admissible (dated 3 July 2012, C-128/11)...more

Hogan Lovells

CJEU rules on Cloud Recorder: Transmission constitutes a communication to the public that requires the right holders consent

Hogan Lovells on

On 29 November 2017, the European Court of Justice (CJEU) handed down a decision on a video recording service that stores TV programmes online in a cloud (C-265/16 – VCAST). ...more

Hogan Lovells

Far-reaching decision by the CJEU on copyright: The Pirate Bay can be blocked by ISPs!

Hogan Lovells on

Swiftly following the CJEU decision in Filmspeler, in which the Court found that the selling of multimedia players with add-ons to illegal streaming websites amounted to copyright infringement, the CJEU has confirmed that an...more

Hogan Lovells

CJEU rules on sale of multimedia players with add-ons to illegal streaming websites

Hogan Lovells on

There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15 – Filmspeler) that the sale of a multimedia player with...more

Hogan Lovells

Hyperlinking in Hamburg and Prague: How national courts apply GS Media

Hogan Lovells on

On 8 September 2016, the European Court of Justice (CJEU) handed down judgment C-160/15 on the means of hyperlinking which caught quite some attention. It has become known as the GS Media decision. In essence, this CJEU...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

Dechert LLP

Leaked Playboy Photographs Case Considers How Hyperlinking Can Infringe Copyright

Dechert LLP on

The Court of Justice of the European Union (CJEU) has blurred the lines between primary and secondary copyright infringement in a decision concerning hyperlinks to leaked photos of a Dutch celebrity’s Playboy photoshoot. For...more

Morrison & Foerster LLP

Copyright: Europe Explores Its Boundaries - European Court Rules That Hyperlinking May Constitute Copyright Infringement

Morrison & Foerster LLP on

The Court of Justice of the European Union (CJEU) has ruled that, in certain circumstances, the act of posting a hyperlink to copyrighted works without the author’s consent may constitute copyright infringement. The crucial...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide