“It can be argued that the Commission looks at this type of decisions as a mandate to legislate, at least to a certain extent. The possibility of further harmonization based on a possible CJEU decision cannot therefore be ruled out.” On 29 March 2012 the Advocate General (AG) Jääskinen delivered his Opinion in Case C-5/11…

On 6 September 2011, General Advocate Verica Trstenjak released her Opinion on case C-277/10 (the original German version of the Opinion is available here, other language versions here). The case deals a.o. with the controversial cessio legis provision of the Austrian Urheberrechtsgesetz (Copyright Act – UrhG). According to this provision included in Art. 38(1) UrhG,…

Court of Appeal The Hague, 28 June 2011,  Stichting Leenrecht v. VOB Lending rights. Plaintiff, the Dutch Association for Lending Rights, argues that an extended loan of library books should be considered a new loan and that therefore public lending rights are due. The Court of Appeal The Hague disagrees and concludes by referring to…

UK: ITV Broadcasting Ltd v TV Catchup Ltd High Court of England and Wales (Patents Court), 18 July 2011 Live-streaming: In a case on internet live-streaming retransmission of TV broadcasts and films, the High Court ruled that the introduction in the UK Copyright Act of a general right of communication to the public with respect…

The question, whether software licences for computer programs that were purchased in an intangible form (via download from the sellers’ server) can be resold by the first acquirer and used by the second buyer without consent of the right holder, has to be interpreted in light of the computer program directive 2009/24/EG. A full summary…