When a company takes paper posters of famous art works and puts them onto canvas, is the company infringing an author’s right to control the distribution of a copyright-protected work as enshrined in Article 4 of the EU’s InfoSoc Directive 2001/29?
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Case C-98/13, Martin Blomqvist – deliberately purchasing a fake Rolex from China
When a consumer deliberately buys a fake Rolex from a Chinese website and then Danish customs seizes the watch, is the watch to be destroyed without compensation?
Continue readingCase C-348/13, BestWater International – objecting to the embedding of videos
Where a company’s website allows a visitor to view a video that has actually been made by a rival company, can the rival rely on the EU’s InfoSoc Directive 2001/29 to stop its video from being shown?
Continue readingCase C-117/13, Technische Universität Darmstadt – introducing modern EU copyright law
When a university library scans a book to permit the electronic reading of a book, can the book’s publisher put a stop to this unauthorised reproduction? And can a German university successfully invoke a ‘library’ exception enshrined in the EU’s InfoSoc Directive 2001/29?
Continue readingCase C-279/13, C More Entertainment – skating on thin ice with embedded links in EU copyright law
Where a person puts a clickable link on his website enabling visitors to watch sports matches for free, then does this constitute a ‘communication to the public’ under the EU’s InfoSoc Directive 2001/29?
Continue readingCase C-201/13, Johan Deckmyn – parody in EU law
Belgium has a tradition of creating comic book figures. Tintin is perhaps the most famous comic book character but another popular comic strip chronicles the adventures of ‘Spike and Suzy’ [Suske and Wiske]. Comic books can be protected by copyright. In this reference, the issue is whether the right holders can stop a political party from circulating a picture that spoofs the cover of a Spike and Suzy story.
Continue readingCase C-351/12, OSA – EU copyright law checks in for a long stay at a health spa
For the purposes of the EU’s InfoSoc Directive 2001/29, are the televisions and radios found in Czech health spas communicating copyright-protected works to the public?
Continue readingCase C-466/12, Svensson – hyperlinks and communicating works to the public
Does putting a hyperlink on a website constitute a copyright-relevant ‘communication to the public’ under the EU’s InfoSoc Directive 2001/29?
Continue readingCase C-463/12, Copydan Båndkopi – Danish private-copy ‘fair compensation’ and EU copyright law
For the purposes of the EC’s InfoSoc Directive 2001/29, must Nokia pay a Danish collecting society the private-copy ‘fair compensation’ levy when importing memory cards into Denmark for use in its mobile telephones?
Continue readingCase C-521/11, Amazon – Austrian private-copy ‘fair compensation’ and EU copyright law
Is the private-copy levy system of Austrian copyright law compatible with the EC’s InfoSoc Directive 2001/29 when national law: (a) puts the levy on all blank recording-media irrespective of whether the media are marketed to intermediaries, to natural or legal persons and for use other than for private purposes; (b) offers refunds in some circumstances but not others; and (c), only pays authors half of the net ‘fair compensation’ monies collected and gives away the other half to Austrian cultural organisations?
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