CJEU

Posted in CJEU, communication to the public, copyright, EU, webstreaming

Retransmission by Internet Stream, CJEU Decides ITV Broadcasting
Television broadcasters may prohibit the retransmission of their programmes by another company via the internet, decided CJEU today in a British reference ITV Broadcasting C-607/11. Defendant in the British proceedings, TVCatchup Ltd (‘TVC’), offers an internet television broadcasting service. This service permits its users to receive, via the internet, ‘live’ streams of free-to-air
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Posted in Art. 8(3) InfoSoc, CJEU, copyright, three-step test

IViR Has Some Numbers for CJEU
One of Huťko’s favorite European Internet law Institutes, Dutch IViR, recently published an interesting survey-based study on downloading and streaming from illegal sources in the Netherlands (including the effects of website blocking on consumers behaviour). Some of the findings might be really interesting for CJEU, who will be deciding two related cases this year. Namely:
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Posted in CJEU, communication to the public, copyright, linking

Is Linking to Copyrighted Works Communication to the Public? CJEU is asked
Two decades old debate of internet law now reached the Court of Justice of EU. UK IPO reports new preliminary reference Svensson e.a. C-466/12. 1. If anyone other than the holder of copyright in a certain work supplies a clickable link to the work on his website, does that constitute communication to the public within
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, Court of Justice, EU, secondary liability

Is There Any Union Wide Secondary Liability?
In course of preparing my notes for the lecture on ‘Website blockig’, which I will hold in Brno in two weeks at Cyberspace conference, I bumped to several interesting things, which provoked the question formulated in the headline of the article. ‘Is There Any Union-wide Secondary Liability?’ Firstly, let me explain what I mean when
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Posted in CJEU, conflicts of laws, copyright, trade marks, unfair comptetition

Some Exciting CJEU References
Today somewhat more copyright oriented post. It seems that interesting references for preliminary rulings before the Court of Justice of EU are definitely not on the decrease. Except for the older pending ones, which I list here, consider this fantastic set of cases. Copyright limitations, such as private copying exemption and library use exemption, but
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, EU, injunctions, ISP, website blocking

New CJEU Referral: Is Website Blocking OK with Union Law?
E-comm blog reports a new exciting Austrian referral (OGH decision) before CJEU, which deals with the question whether the Union law provides for website blocking injunctions against Access Providers. The case UPC Telekabel Wien C-314/12 is already listed on the Curia website and has a potential to solve a vast disagreement of EU courts on
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Posted in CJEU, conflicts of laws, copyright, international private law

CJEU: Pinckney Case Questions
As Kluwer Copyright blog already reported on the beginning of this month, French Cour de cassation filed several very interesting questions before the Court of Justice of EU in preliminary reference Pinckney C-170/12. UK IPO yesterday send to its subscribers this very helpful information, that also include complete version of the preliminary questions. BackgroundThe applicant
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