Over the last decade, in particular, the English courts have shown a strong resolve to tackle online infringements of IP rights, and also an ability and willingness to be flexible in the remedies which they can provide to assist IP rights holders in tackling the ever evolving challenges which new technologies have created. A recent…

The Estonian court recently examined the conditions under which the public performance of works at a school concert falls within the free use exception. The Estonian Authors’ Society (an authors’ collecting society) filed a claim against the City of Tartu (through the City Government of Tartu), which administers Miina Härma Gymnasium and had organised a…

On 8 February Advocate General Szpunar handed down his Opinion on Stichting Brein v Ziggo. The case is significant, as it represents the first time that the liability of an internet intermediary for copyright infringement will be considered by the CJEU. To date, all decisions handed down by that court on intermediary liability have instead…

On 25 January 2017, the CJEU handed down a very interesting judgment in case C-367/15, concluding that Article 13 of Directive EC 2004/48 (better known as “the Enforcement Directive”) does not prevent a national regulation from stating that when an intellectual property right (“IPR”) has been infringed, the IPR owner may claim an amount corresponding…

Readers familiar with EU copyright law will recall that national courts of the EU Member States are able to issue injunctions against ISPs (providers of internet access) ordering them to prevent their customers from accessing websites infringing copyright by blocking access to the websites (UPC Telekabel Wien v Constantin Film C-314/12) by reference to Article…

The Latvian Supreme Court has recently ruled on the determination of pecuniary and non-pecuniary damages for copyright infringement in a case where the copyright works had been used for informatory purposes. Case No. SKC-[B]/2016 was adjudicated in a closed hearing, as a result of which the number of the case file and the date of…

In Phonographic Performance Ltd v Hagan & Ors (t/a Lower Ground Bar and the Brent Tavern) [2016] EWHC 3076 (IPEC) HHJ Hacon considered the interplay of s.97(2) of the Copyright, Designs and Patents Act 1988 (CDPA) and art.13(1) of Directive 2004/48/EC on the enforcement of intellectual property rights (the Enforcement Directive) when awarding additional damages…

The last two weeks were truly hard for the future of the digital economy in Europe. First, the European Commission officially declared its regulatory capture. Then the CJEU provided us with a great set of hyperlinking clarifications for their daily use. Now it is completely clear, who, when, and how one can link to avoid…

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…

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…