The Supreme Court held that “uses in any other manner” as provided in Article 172a, para. 1 of the Criminal Code covers any possible use of a copyright protected work. It is not necessary to refer to additional statutory rules, because “uses in any other manner” as one of the forms of unauthorised use is…

The draft law for the implementation in Greece of Directive 2014/26/EU on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market, which was released for public consultation a few days ago, contains a surprise provision, which has the potential to reverse the…

“A take-down notice which generically refers to the titles of the infringing videos, without specifically indicating their URLs, is not sufficient to determine the “actual knowledge” of the hosting provider.” On May 5, 2014, the Distric Court of Turin has given a preliminary ruling on the proper content of the take-down notices in copyright infringement…

“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…

It doesn’t  happen every day that copyright law and its daily application receive such an overwhelming media coverage. Germany’s biggest news portals, the public service broadcasters and major newspapers all reported about a case that appears to be a  routine job for a copyright lawyer. In the last two weeks a wave of cease and…

“AG Jääskinen declined to classify Google as a “controller” of the data included on the pages indexed by its search engine within the meaning of article 1(d) of the Data Protection Directive.” The CJEU’s Advocate General Niilo Jääskinen issued an Opinion  on 25 June advising the Court to refrain from allowing citizens the right to require Google…

“This finding could have been considered predictable, if it wasn’t for  a special provision in the Greek Constitution that safeguards participation in the information society.” Is obliging ISPs to cut off internet access to specific copyright infringing websites compatible with the Greek Constitution? That is one of the main questions that were answered by the…

The French Supreme Court (“Cour de Cassation”) has upheld, in a ruling of 25 September 2012, a judgment of the Court of Appeal of Paris condemning Radioblog and its managing directors to the payment of damages amounting to over €1 million, in addition to a suspended prison sentence of nine months and a €10,000 fine….

“A generalised principle of the “targeted” country might well become a recognised point of attachment in copyright conflicts of laws, at least in cases where such target jurisdictions can clearly be identified.” The distribution of industrial products protected by copyright law can amount to a criminal offence as a violation of the distribution right. In…

A greatest hits album by Spanish pop star Luz Casal is the subject of the first case to be brought before the Intellectual Property Commission, the body created by the so-called Sinde anti-downloading law, aimed at combating copyright violations on the internet. AGEDI, the collecting society that represents Spain’s phonographic producers, has filed a complaint…