CJEU says that owner of an online database not protected by copyright or sui generis right may restrict its use by contract
Thu 15 Jan 2015, 13:20

The CJEU has just issued its 46-paragraph decision in Case C-30/14 Ryanair, a reference for a preliminary ruling from The Netherlands seeking clarification as regards the Database Directive. The CJEU ruled that the Database Directive only applies to databases protected by copyright or the sui generis right, and that the holder of a publicly accessible database is free to determine by contract and in compliance with the applicable national law the conditions of use of its database.

German Pirate MEP kicks off EU copyright debate
Mon 19 Jan 2015, 21:00

German pirate MEP Julia Reda presented her report on copyright reform to journalists on Monday (19 January). According to her, there should be one copyright law that applies to all EU member states, fixing the legal “absurdities” of the current regime.

EU copyright rules maladapted to the Internet, upcoming Parliamentary report finds
Mon 19 Jan 2015, 11:00

EU copyright rules are maladapted to the increase of cross-border cultural exchange facilitated by the Internet, an upcoming European Parliament own-initiative report evaluating 2001’s copyright directive finds. The draft released today by Julia Reda, MEP for the German Pirate Party, lays out an ambitious reform agenda for the overhaul of EU copyright announced in the Commission’s 2015 work programme.

Services for skipping ads and live streaming are not copyright infringements
Wed 21 Jan 2015, 08:40

A federal court in California has ruled that Dish Network did not infringe the copyright of Fox Broadcasting by offering users services for skipping ads and streaming live or recorded programming over the Internet to their computers and mobile devices.

CJEU confirms accessibility criterion to determine jurisdiction in online copyright infringement cases
Thu 22 Jan 2015, 12:40

The general rule of jurisdiction in Article 2 of the Brussels I Regulation is that "persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State". However, "in matters relating to tort, delict or quasi-delict," one may be alternatively sued "in the courts for the place where the harmful event occurred or may occur".

Locating such "place" has not always been an easy task when it comes to unregistered rights such as personality rights or copyright. Indeed, even the Court of Justice of the European Union has struggled with the interpretation of Article 5(3) Brussels I/Article 7(2) Brussels I Recast, and has adopted a number of different criteria.

When an unregistered right has been allegedly infringed online, what court is competent to hear and decide the resulting case? 

CJEU says exhaustion only applies to the tangible medium of a work
Thu 22 Jan 2015, 12:40

Today CJEU ruled that with regard to the adaptation right, it is true that the InfoSoc Directive does not mention it. However, a situation like the one at hand, ie paper poster and canvas transfer of copyright-protected works, falls within the scope of Article 4(1) of the InfoSoc Directive. Also, exhaustion of the right of distribution under under Article 4(2) of the InfoSoc Directive only applies to the tangible support of a work.