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…

Here at the Kluwer Copyright Blog we are thrilled to have had the opportunity to ask Julia Reda MEP a few questions on some very topical copyright law issues.  We are very grateful to Ms Reda for sparing time in her busy schedule to do the interview, and here’s what she had to say: 1….

The CJEU considered that where the operator of a rehabilitation centre installs television sets at its premises, to which it transmits a broadcast signal thereby enabling patients to view television programmes, and this affects the copyright and related rights of a wide range of interested parties, it must be determined whether such a situation constitutes…

The French Supreme Court confirmed that a writ of summons for infringement of intellectual property rights must determine and specify the elements for which protection is sought, as well as the allegedly infringing acts. A writ of summons, such as that in the case at hand, which does not sufficiently describe or identify the work…

The court held that the defendant did not infringe the claimant’s copyright or database rights beyond the infringements already admitted, as none of the defendant’s customers apart from one had access to the claimant’s software. A full summary of this case has been published on Kluwer IP Law

The CJEU has recently ruled on yet another case seeking to determine the meaning of ‘communication to the public’, this time in the context of broadcasting television to patients in a rehabilitation centre (Reha Training Gesellschaft für Sport- und Unfallrehabilitation mbH v Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA), C-117/15). Readers will be aware…

The appeal court held that the diffusion of broadcast works as ambient music, by means of playing radio broadcasts through several loudspeakers in a fruit shop open to the public, was a mere reception and not a reuse of the broadcast works and therefore it did not require the authorisation of the copyright holders. A…

1. Introduction The internet has been a challenge for copyright since its advent two decades ago. Many questions have now been answered. It is surprising, however, that one of the main internet technologies, hyperlinking, is still the subject of hotly debated issues under EU copyright law, which the CJEU has yet to answer. 2. Linking…