EU

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. 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 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 blocking, censorship, child pornography, EU

New Directive: Measures Against Websites Disseminating Child Pornography
Huťko just bumped to the new Directive 2011/92/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography. I recall the debate about this paragraph in the European parliament, but then I forgot to follow the discussion to the end. It looks like Member States shall bring into
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Posted in CJEU, data protection, EU, search engines

Spanish Court Asks CJEU on Right to Be Forgotten in Search Engine
Huťko´s friend Miquel Peguera reports on his blog that a Spanish court, the Audiencia Nacional, just referred several very interesting questions in regard to application of a right to be forgotten in Google´s search results under the current European data protection laws. CJEU number Google Spain and Google C-131/12. He reports: The issue is in
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Posted in CJEU, collective societies, copyright, CR, EU, free movement

Collective Societies & Free Movement – A New Preliminary Reference to CJEU?
In November 2011, the Czech Constitutional Court, in its ruling II. ÚS 1658/11, canceled decision of the City Court in Prague and referred it back (due to breach of  a right to statutory judge), arguing that the court failed to ask the Court of Justice of European Union on issue of whether Czech Copyright Act,
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Posted in copyright, Court of Justice, EU, originality

European Originality Doctrine – Another Step Further?
Story of European originality concept seems to be evolving with every possible court case. For those who don´t know what I am talking about, a brief summary first. CJEU first in Infopaq C-5/08 expanded Union law concept of originality to the other works that photographs, databases and computer programs, which have their own directives. Later
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