freedom of information Archives - Kluwer Copyright Blog

Case Law, CJEU, Communication (right of), European Union, Germany

Does copyright law have to balance fundamental rights beyond the written exceptions? Unfortunately, the German Federal Supreme Court has recently left this question open.

Viktoria Kraetzig (University of Frankfurt)/May 28, 2020May 10, 2023 /Leave a comment

German Federal Supreme Court (Bundesgerichtshof) decisions of April 30, 2020 ( I ZR 139/15 and I ZR 228/15) Recently, the German Federal Supreme Court issued press releases in two cases which are of fundamental importance for the relationship between copyright and conflicting fundamental rights. Specifically, the two cases, Funke Medien (also known as “Afghanistan Papiere”) and Spiegel…

Case Law, CJEU, European Union, Exceptions and Limitations, Germany

Reflections on the CJEU’s judgment in Spiegel online: is there a golden intersection between freedom of expression and EU copyright law? Part I

Tatiana Synodinou (University of Cyprus)/September 23, 2019May 10, 2023 /Leave a comment

On 29 July 2019, the CJEU delivered its hotly awaited decision in the case Spiegel Online GmbH v Volker Beck (C 516/17). The decision is part of a trilogy of preliminary references raised by the German courts focusing on copyright exceptions and the interaction of copyright law with fundamental rights (Pelham, C‑476/17 and Funke Medien…

Case Law, European Union, Exceptions and Limitations, Jurisdiction

Events of high interest: exclusive broadcasting rights and freedom of information

Giorgio Spedicato (Monducci Perri Spedicato & Partners)/February 1, 2013 /Leave a comment

The CJEU states that Article 15(6) of Directive 2010/13/EU on short news reports is compatible with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union. On 22 January 2013 the Court of Justice of the European Union handed down a decision on the compatibility of Article 15(6) of Directive 2010/13/EU…