A provider that offers free unprotected Wi-Fi should not be held responsible when their users use the service to infringe copyright. This is according to the Court of Justice of the European Union (CJEU) in the long-running German case of Tobias McFadden v Sony Music Entertainment Germany GmbH (C-484/14). The circumstances of the case were…

The Labour Chamber of the French Supreme Court has reaffirmed that under Article L.111-1 paragraph 3 of the French Intellectual Property Code (‘IPC’), a labour agreement entered into with the author of a work shall in no way derogate from the general rule, under which the author is the first creator. Therefore, in default of…

GS Media – the questions The ‘linking saga’ initiated by the Svensson decision of the CJEU back in 2014 has taken a new turn with today’s GS Media judgment. Of course, it would be more appropriate to call it a ‘communication to the public’ saga, but I suspect that the origin of the Svensson decision…

In this case, brought by a Latvian collective management organisation (AKKA/LAA) against the Latvian Government, the European Court of Human Rights held as follows: 1. The protection of intellectual property rights, including the protection of copyright and the economic interests deriving from it, falls within the scope of Article 1 of Protocol No. 1 of…

The Conseil d’Etat, the French administrative Supreme Court, ordered the French Prime Minister to take regulatory measures to indemnify the ISPs (Internet service providers) for the costs incurred when the HADOPI Commission requires them to provide information relating to internet users who have or are likely to have infringed copyright law. A full summary of…

The legal issues surrounding the publication of Internet search results is a topic of great interest for copyright experts.  In this interview, originally published in German in the journal Neue Juristische Wochenschrift, and reproduced here with the kind permission of Verlag C.H. Beck, Professor Jan Bernd Nordemann discusses a recent German case on this topic….

The prior express consent of the author is necessary to use a copyright work under EU law; the statutory presumption of collective management of copyright doesn’t comply with the need for express prior consent, even with an opt-out possibility and for a legitimate objective, Advocate General Wathelet said in his opinion on the pending request…

On 7 July 2016, the CJEU (Court of Justice of the European Union) handed down its decision in Tommy Hilfiger (case C-494/15). The case concerned the imposition of an injunction on Delta Center, a company that sublets sales areas in the “Prague Market Halls” (Pražská tržnice) to traders, after it was found that counterfeit goods…

German Federal Constitutional Court’s decision of 31 May 2016, (ref.: 1 BvR 1585/13): Metall-auf-Metall Sampling technology has become an integral part of today’s music production. It is not unusual in recording studios for artists and producers to recall sounds from other artist’s productions which they particularly liked, copy them from the original recordings and use…

The Norwegian Supreme Court confirmed that the distribution of copyright protected works via music channels was a distribution that required clearance from the rightholder.  The judge held that when a distribution happens as a consequence of signals being taken down from a satellite transmission not meant for the public, as in the case under consideration, there is…