News & Analysis as of

European Court of Justice (ECJ) Copyright

International Lawyers Network

European Court of Justice: Judgment in Joined Cases C‑775/21 and C‑826/21

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

Morrison & Foerster LLP

Are Cloud Service Providers Subject to Copyright Levies?

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

Jackson Walker

New EU High Court Decision Hits Close to Home: Latest Developments in Embedded Image Copyright Cases

Jackson Walker on

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

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

Jones Day

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

Jones Day on

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

Morrison & Foerster LLP

ECJ Strengthens Position of Media Industry in Fight Against Piracy

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

Foley Hoag LLP - Making Your Mark

European Court Of Justice: Linking To Playboy Pics May Infringe Copyright

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

Ladas & Parry LLP

2016: Developments in Intellectual Property Law You Should Know About

Ladas & Parry LLP on

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

Morrison & Foerster LLP

Copyright: Europe Explores Its Boundaries - EU Expands Principle of Pan-European Jurisdiction over Copyright to Online Materials

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

Morrison & Foerster LLP - Social Media

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

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

Morrison & Foerster LLP

EU Copyright: No Resale of Digital Content Except for Software? How Does the European Court of Justice Decision on Exhaustion of...

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

McDermott Will & Emery

ECJ Rules on Digitization of Library Collections

McDermott Will & Emery on

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

Morrison & Foerster LLP

Copyright: Europe Explores its Boundaries - Part 3: “Meltwater” - EU rules that browsing does not need a licence - a victory for...

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

McDermott Will & Emery

The CJEU Takes Tough Stance on Downloading from Unlawful Sources

McDermott Will & Emery on

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

Downs Rachlin Martin PLLC

EU Court of Justice Rules Web Browsing is not Copyright Infringement

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

Morrison & Foerster LLP - Social Media

The Umpire Strikes Back: European Court Rules That ISPs Can Be Forced to Block Pirate Websites

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

Morrison & Foerster LLP - Social Media

Copyright: Europe Explores its Boundaries: Part 1: Link Hubs

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

Pillsbury Winthrop Shaw Pittman LLP

Could Software Imports from Europe Bypass U.S. First Sale and IP Exhaustion Laws?

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

McDermott Will & Emery

CJEU Rules First Sale Doctrine Applies to Digital Copies of Software in Europe

McDermott Will & Emery on

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

19 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