three-step test – Tech Notes

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:

CJEU: Does The Three Step Test Matter?

Huťko almost missed the publication of Infopaq II. C-302/10 decision. On 17th of January, CJEU pronounced its awaited decision on ´temporary and transient reproductions´, monitoring agencies and most importantly the role of the Union three step test. So what CJEU said? Question 7 relating to the condition that the acts of reproduction must neither conflict

AG’s Opinion in Painer v Standard VerlagsGmbH

On 12th of April 2011, AG Trstenjak delivered her Opinion in Case C-145/10, Painer v Standard VerlagsGmbH et al., in which the Court of Justice has been asked to clarify several issues concerning copyright protection of portrait photos and their use in news reports (reported by IPKat here). AG advised following: 1. The notion of