It is beyond dispute that Anne Frank’s diary is of great historical value. A recent Dutch court decision confirms this, in a case that perfectly illustrates the tension between freedom of scientific research and the enforcement of copyright. On the 23rd of December 2015, the District Court of Amsterdam handed down its ruling in a…

In response to a reference from the Brussels Court of Appeal, the CJEU held that Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it transmits its programme-carrying signals exclusively to signal distributors without those…

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2016 to all of our readers, as well as reflect on developments in copyright over the past year.  Last year was a busy one in the copyright world, with a number of landmark CJEU decisions,…

On December 9th 2015 the Commission revealed its plans for the modernisation of copyright law. The target is to adapt copyright law to technological challenges and to make it more European, digital friendly and functional in an EU digital single market. The Commission’s strategy focuses on the three key areas which have been identified by…

Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it transmits its programme-carrying signals exclusively to signal distributors without those signals being accessible to the public (the “direct injection” technique). This judgment by the European…

On October 29th 2015, the Court of Justice of the European Union delivered its judgment in the case C‑490/14, Freistaat Bayern v Verlag Esterbauer GmbH. The Court was called upon to clarify the definition of “database” in Directive 96/9 on the legal protection of databases. It is noteworthy that the Database Directive, one of the…

The case of Svensson Retriever has shown that a hyperlink to a work freely available on a website accessible for all internet users is not a new communication to the public in the sense of Article 3(1) of Directive 2001/29/EC. However, the preliminary questions posed to the ECJ by an interlocutory judgment of September 30…

Readers of this blog are familiar (or should I say fed up?) with the piecemeal legal framework of EU copyright. With nine directives in the field of copyright alone (plus one on enforcement), the legal patchwork is evident. One of the problems with this scenario is the interplay of the different directives with one another….

…and they show overwhelming support for the introduction of a mandatory copyright exception for text and data mining for both commercial and non-commercial purposes. Back in September, we launched a blog poll on the potential introduction of a mandatory text and data mining exception. We asked our blog readers their views on the following statements:…

E-book lending in public libraries (e-lending) and the need to extend the public lending right (PLR) to these practices has been discussed on several recent occasions. Following the Sieghart report on e-lending in 2013, the UK government has extended the PLR to e-book downloads occurring within the premises of UK libraries. In 2013-14 the Commission…