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-291/13, Papasavvas – online libel, defamation and injurious falsehood
To what degree does the EU’s E-Commerce Directive 2000/31 cover online libel, defamation and injurious falsehood?
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-212/13, Ryneš – data from private CCTV cameras overlooking public spaces and private homes
Does a home owner’s camera security-system bring him within the scope of the EU’s data processing Directive 95/46/EC? And does it matter that the CCTV camera not only captures images of his home but also of who happens to be passing by in the street outside, and it even records who is going into a home on the opposite side of the street?
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-574/12, Centro Hospitalar de Setúbal and SUCH – Teckaling similar control for the ‘in-house’ exception to EU procurement law
EU public procurement law regulates the awarding of lucrative contracts offered by public bodies. A decade ago, the CJEU created an exception to EU procurement law for ‘in-house’ procurement. As formulated in Case C-107/98, Teckal the scope of the exception was rather vague, however. The CJEU has recently been refining the scope of the exception. In this reference, the issue is whether the exception applies when the contractee is an organisation whose members include private charitable institutions.
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