Case C-470/14, EGEDA – will a state-financed ‘private copy’ scheme deliver fair compensation?

According to Article 5(2)(b) of the EU’s InfoSoc Directive 2001/29/EC, copyright holders can be paid ‘fair compensation’ for the copies of protected works made by people for private use. In some Member States this type of scheme is financed by levies on electronic equipment. However, Spain has decided to pay right holders directly from the state budget. Spanish ‘copyright’ collecting societies do not like this, and claim that the scheme contravenes EU law. More

Case C-347/14, New Media Online – using short videos to illustrate online newspaper articles

Online newspaper articles are sometimes illustrated by short edited videos. The legal question is whether the newspaper is offering an ‘audiovisual media service’ and thus subject to regulation by the EU’s audiovisual media services Directive 2010/13/EU. The answer is unclear. On the one hand, the video footage might be comparable in form and content to a television programme. On the other hand, there is a non-binding Recital in the Directive excluding the electronic version of newspapers and journals from the Directive. More

Case C-314/14, Sanoma Media Finland – exceeding the maximum amount of hourly advertising?

Media companies interrupt television programmes for advertising breaks. At the end of television programmes there is yet more advertising. According to Article 23 of the EU’s Audiovisual Media Services Directive 2010/13/EC, the maximum amount of advertising per hour is 12 minutes. In this case, a company has been exceeding that amount by splitting up what appears in the television screen so that while one programme’s end-credits roll other programmes are trailed, and during the trails the corporate logos and goods made by the sponsoring companies also appear on the screen. Is this not also corporate advertising that should rightly be included in the hourly amount of advertising? More

Case C-333/14, The Scotch Whisky Association – the market spirit for the spirit market

The poor drink more, and are the source of much greater health-related and other harm than the middle class and the rich – at least, that was the gist of some of the evidence placed before the Scottish Parliament. The legislature’s response was to write an Act that would create a minimum price per unit of alcohol. But even before the Act could come into force, its legality had been challenged by the drinks industry which is claiming that the Scottish legislation is incompatible with EU law. More