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Copyright European Union Court of Justice of the European Union (CJEU)

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Jones Day

European Parliament's New Study on Generative AI and Copyright Calls for Overhaul of Opt-Out Regime

Jones Day on

On July 9, 2025, the European Parliament's Committee on Legal Affairs ("JURI") published a study examining how generative artificial intelligence ("AI") interacts with European Union copyright law....more

Jones Day

CJEU Clarifies Copyright Protection for Software Variables

Jones Day on

The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more

Jones Day

CJEU Ruling: Greater Copyright Protection for Design Works

Jones Day on

The Court of Justice of the European Union ("CJEU") recently ruled that design works must be protected by copyright in the EU regardless of their country of origin. This decision rejects the application of the reciprocity...more

Hogan Lovells

Is cheating copyright infringement? CJEU clarifies specific protection of computer programs

Hogan Lovells on

In its recent judgment in Sony Interactive Entertainment v. Datel, the CJEU ruled on the specific copyright protection of computer programs under Directive 2009/24/EC (Case C‑159/23). The CJEU found that while “cheating...more

Latham & Watkins LLP

Latest Developments in Controversial Article 17 on Platform Liability for Infringing Content

Latham & Watkins LLP on

A year on from the national implementation deadline of the Directive on copyright in the Digital Single Market, the CJEU has upheld controversial Article 17. In September 2016, the European Commission announced its...more

Latham & Watkins LLP

Filter Future? Updates on the Copyright Directive and Platform Liability

Latham & Watkins LLP on

Recent developments at the CJEU give some shape to the practical implications of Article 17 of the Copyright Directive. 7 June 2021 was the implementation deadline for the Copyright in the Digital Single Market Directive...more

Hogan Lovells

EU General Court: Standardisation documents can enjoy copyright protection

Hogan Lovells on

The EU General Court (GC) recently ruled on copyright protection for standardisation documents, such as DIN (German Institute for Standardisation) documents. The GC ruled that, under certain circumstances, such documents can...more

Latham & Watkins LLP

VG Bild-Kunst: Practical implications of the CJEU’s latest decision on linking and framing

Latham & Watkins LLP on

This recent CJEU decision raises a number of considerations for content rights holders and for those seeking to link to content online, across both the EU and the UK - Under UK and European laws, the rights of copyright...more

McDermott Will & Schulte

Freeze Frame: EU Copyright Holders Entitled to Restrict Framing

In a case referred by German authorities, the Court of Justice of the European Union (CJEU) resolved a dispute between a visual arts copyright collecting society and a cultural heritage foundation involving a digital library...more

McDermott Will & Schulte

Special Report - 2019 IP Law Year in Review – European Issues

The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more

White & Case LLP

The end of the e-book's secondhand market - Court of Justice of the European Union forbids resale without rights holders' consent

White & Case LLP on

White & Case Technology Newsflash - In a constantly growing number of sectors, the acquisition process is shifting more and more towards digital. This also applies to the book market. Whereas in the past, mainly physical...more

Hogan Lovells

Tom Kabinet: CJEU rules resale of e-books requires permission of copyright holder

Hogan Lovells on

The CJEU in its Tom Kabinet judgment has ruled that the supply of e-books qualifies as “an act of communication to the public” under the InfoSoc Directive instead of “a distribution to the public” as is the case with physical...more

Hogan Lovells

EU Advocate General Opinion in Spedidam: rights of performers

Hogan Lovells on

On 16 May 2019, the CJEU Advocate General delivered his opinion in Spedidam, following the request for a preliminary ruling from the French Supreme Court on whether the French legal framework allowing the French National...more

Morrison & Foerster LLP

Time to Hit Pause: Copyright Infringement on User Generated Platforms – When Is the Platform Provider Liable for Damages?

The German Federal Supreme Court presses the EU Court of Justice to clarify when online platforms are liable under EU law for damages for copyright infringements by content made available by their users. Content uploaded...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - November 2018: Food for Thought

Earlier this month, the Court of Justice of the European Union held that the taste of a food product cannot be classified as a work protectable by copyright. This decision appears to be in line with U.S. Copyright law,...more

Dorsey & Whitney LLP

Copyright in the Taste of Cheese?

Dorsey & Whitney LLP on

For our U.S. readers with Thanksgiving and food still on their minds, the TMCA thought it would be timely to comment on recent news from Europe about cheese. The Court of Justice of the European Union (“ECJ”) held that there...more

Hogan Lovells

CJEU pokes holes in copyright protection for the taste of cheese

Hogan Lovells on

This week, the European Court of Justice (CJEU) ruled that the taste of cheese does not enjoy any copyright protection (C-310/17)....more

Hogan Lovells

Advocate General rejects copyright infringement in German Afghanistan Papers case

Hogan Lovells on

Can the Federal Republic of Germany invoke a copyright on military status reports? This is the key question currently before the European Court of Justice (CJEU) (Case Ref. C-469/17)....more

Hogan Lovells

EU Copyright – Infringing the distribution right: AG includes warehousing of counterfeits

Hogan Lovells on

A Swedish preliminary ruling procedure is currently pending before the European Court of Justice (CJEU) and represents the latest in a run of rulings on the scope of the distribution right under Article 4 of the InfoSoc...more

Hogan Lovells

German Federal Court of Justice submits copyright dispute over YouTube to CJEU

Hogan Lovells on

This week, copyright is all over the place. After the European Parliament voted on proposed copyright reform in Europe last Wednesday (12 September 2018), the long-awaited decision of the German Federal Court of Justice (BGH)...more

Hogan Lovells

Can a taste be protected by copyright in Europe?

Hogan Lovells on

This is, in essence, the fundamental question that has been submitted to the CJEU in the case C-310/17 (Levola Hengelo v. Smile Foods). ...more

Hogan Lovells

Europe: Can new “hate speech” legislation set the mould for the Copyright Directive?

Hogan Lovells on

The phenomenon of so-called “Hate Speech” has been in the public eye for a while now, but particularly in German news. Hate speech denotes verbal attacks and accusations based on personal attributes such as race, religion,...more

Hogan Lovells

CJEU rules on Cloud Recorder: Transmission constitutes a communication to the public that requires the right holders consent

Hogan Lovells on

On 29 November 2017, the European Court of Justice (CJEU) handed down a decision on a video recording service that stores TV programmes online in a cloud (C-265/16 – VCAST). ...more

Hogan Lovells

CJEU to rule on press publishers’ neighbouring right

Hogan Lovells on

With decision of 8 May 2017, the regional Court of Berlin referred to questions for preliminary ruling to the Court of Justice of the European Union (CJEU). The court is concerned whether the rules on the press publishers’...more

Hogan Lovells

CJEU to rule on press publishers' neighbouring right

Hogan Lovells on

With decision of 8 May 2017, the regional Court of Berlin referred to questions for preliminary ruling to the Court of Justice of the European Union (CJEU). The court is concerned whether the rules on the press publishers’...more

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