Grand Production d.o.o. v GO4YU GmbH (Case C‑423/21) The facts of the case are representative of the grey areas of the application of copyright territoriality in the digital era. The applicant, Grand Production d.o.o., is a Serbian company which produces television programs that are broadcast in Serbia by a TV channel, Prva Srpska Televizija. Another…

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You can read the previous round-ups here. CJEU…

On 17 June 2021, the CJEU delivered its judgment in C-597/19 Mircom. It held that uploading (including automatic uploading) of pieces of a file containing a protected work on peer-to-peer (P2P) networks infringes the making available right under article 3(1) and (2) of the InfoSoc Directive when a user actively chooses to use sharing software…

Welcome to the second trimester of 2021 round up of EU copyright law! Apologies to readers that this one comes a bit late. In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy…

In Part 1 of this blog post, we explained the importance of the CJEU judgment in joined cases C-682/18 (YouTube) and C-683/18 (Cyando) for the application of copyright law, even after the introduction of a new copyright liability regime for certain online platforms through Art. 17 DSM Directive. In this part 2, we turn to…

The European Court of Justice (CJEU) ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. 3 (1) InfoSoc Directive, has been eagerly awaited for a long time. Such a long time – almost a year has passed since the Advocate General opinion (see here) – that…

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. This has caused extensive debates on the national level comparable to the debate that took place when Art. 17 DSM Directive was introduced in 2019. But…

Recently, the Court of Appeal in TuneIn v Warner Music UK Ltd & Anor confirmed the continued application of “retained EU law” in the UK on the thorny issue of communication to the public and clarified the assessment of the “new public” in TuneIn appeal. The UK approach for now remains in line with the…

In this new series we will be updating readers every three months on developments in EU copyright law. This will include Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments.   The end of 2020 Since this is the first issue of our round up, we have also…

On March 9th, 2021 the CJEU delivered its eagerly awaited decision on the VG Kunst case (C‑392/19). The facts of the case are interesting, since the question of the lawfulness of frame linking and of inline linking was not directly raised. Instead, it appears indirectly in the context of the assessment of licence terms requiring…