intermediary

Case Law, CDSM Directive, CJEU, Collective management, Communication (right of), Design Rights, Digital Single Market, Enforcement, European Union, Liability, NFTs, Round-up

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

Welcome to the fourth (and last) trimester of the 2022 round up of EU copyright law (even though slightly overdue)! While in the last three months of 2022 the CJEU was relatively quiet, the various EU policymakers have been very productive. In this series, we update readers every three months on developments in EU copyright…

Digital Single Market, European Union, Exceptions and Limitations, Legislative process, Liability

(CIPIL, University of Cambridge)/ /Leave a comment

As has by now been extensively reported, on 14th September the European Commission released its new copyright reform package. Prominent within this is its proposal for a new Directive on Copyright in the Digital Single Market. The proposal contains an array of controversial offerings, but from the perspective of this intermediary liability blogger, the most…

Austria, Case Law, Collective management, European Union, Jurisdiction, Liability, Remuneration (equitable)

(Elzaburu)/ /Leave a comment

The question referred to the CJEU in the Austro-Mechana case (C-572/14) was whether a claim for payment of fair compensation for private copying, as per Article 5(2)(b) of Directive 2001/29, can be considered to be a matter relating to tort, delict or quasi-delict and, therefore, whether Article 5(3) of Regulation 44/2001 on jurisdiction in civil…

Case Law, Exhaustion, Infringement, Liability, Netherlands

(Institute for Information Law)/ /Leave a comment

The Court of Appeal ruled that the resale of used e-books by Tom Kabinet was permitted based on the CJEU’s UsedSoft ruling, although that case dealt with the sale of second-hand software. Nevertheless, the Court agreed with NUV that Tom Kabinet, as an internet intermediary, facilitates the resale of illegal content by the absence of…

Austria, Case Law, European Union, Infringement, Jurisdiction, Liability

(CIPIL, University of Cambridge)/ /Leave a comment

“This indicates the main danger of the ruling, that of fragmentation. This was foreseen by the Austrian referring court, which suggested that guidelines assessing the proportionality of blocking measures be laid down by the CJEU – that would have been welcome indeed! That absence is certainly the biggest deficiency of the ruling.” Last Thursday, the…