CJEU says that Member States are free to determine who must pay droit de suite royalty
Thu 26 Feb 2015, 13:20
This morning the Court of Justice of the European Union (CJEU) issued in fact its decision in Case C-41/14 Christie's France, a reference for a preliminary ruling from France seeking clarification as regards that peculiar creature of EU copyright known as artist's resale right, or droit de suite within Directive 2001/84/EC (the Resale Right Directive).

 

CJEU preliminary ruling on private copying levies: Case C-463/12 Copydan Båndkopi
Thu 5 Mar 2015, 21:00

This morning the Court of Justice of the European Union (CJEU) issued its decision in Case C-463/12 Copydan Båndkopi, a reference for a preliminary ruling from Denmark, seeking clarification on key questions relating to the so-called ‘private copying’ exception under Article 5(2)(b) of the Information Society Directive 2001/29.

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.

CJEU is asked preliminary questions on Ford case
Tue 6 Jan 2015, 19:00

Case C-500/14 Ford Motor Company is a reference made by the Tribunale ordinario di Torino, Italy, for a preliminary ruling by the Court of Justice of the European Union (CJEU) on a matter that has been raised before the Italian courts on a number of occasions in recent years -- the unauthorised manufacture of "spare part" wheel trims bearing the trade marks of the original manufacturer in order to enable the purchaser to make sure that his purchase matches the appearance of the rest of his car. The subtle twist here is not however whether there is an infringement of any trade mark rights but whether there is a defence based on European design law.

New opinion of the European Copyright Society on “Reprobel”- Case (C-572/13)
Wed 16 Sep 2015, 03:40

On 5 September 2015, the European Copyright Society issued an Opinion on the conclusions presented on June 11, 2015 by the Advocate-General Pedro Cruz Villalón in the HP Belgium v. Reprobel-case pending before the Court of Justice of the EU (case C-572/13), following a request for preliminary ruling from the Brussels Court of Appeal (Belgium) lodged on 8 November 2013.

CJEU says that linking to unauthorised content is NOT a communication to the public unless one seeks financial gain and has knowledge of illegality
Thu 8 Sep 2016, 12:40
This morning the Court of Justice of the European Union has issued its judgment in GS Media. This was a reference for a preliminary ruling from the Dutch Supreme Court. It had been made in the context of proceedings between Sanoma (the publisher of Playboy magazine) and GS Media, concerning the publication by the latter on a website that it operates (GeenStijl.nl) of hyperlinks to other websites hosting unpublished photographs of Dutch starlet Britt Dekker. These photographs were due for publication in a forthcoming issue of Playboy.