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European Union › Copyright Litigation › Intellectual Property Protection

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Jones Day

Wallpaper With Copyright-Protected Images: Limits to "Expected Commercial Use" in Germany, France and the United Kingdom

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The Situation: Photo wallpaper will most likely be copyright-protected. There are limits to implied consent of the rightsholder, particularly in relation to the commercial use of images or other copyright-protected objects in...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

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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

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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

Seyfarth Shaw LLP

Can’t Hide from Brussels: EU To Require Copyright-Related AI Disclosures

Seyfarth Shaw LLP on

A whole host of creators have filed suit in the U.S. alleging that AI companies improperly used the creators’ content to train AI programs. In most cases, the creators don’t know for sure whether the AI companies copied...more

Spirit Legal

Musikrecht: Urheber muss bearbeitetem Foto auf Albumcover zustimmen

Spirit Legal on

Die Verwendung fremder Fotografien kann urheberrechtlich problematisch sein. Das gilt auch, wenn fremde Bilder bearbeitet werden. Doch wann genau benötigt man die Erlaubnis des Urhebers für eine Bearbeitung und wann nicht?...more

Hogan Lovells

Lindgren heirs win in dispute over Pippi Longstocking lyrics

Hogan Lovells on

In a recent ruling by the Regional Court Hamburg (Case No. 308 O 431/17), the court awarded the heirs of children's book author Astrid Lindgren a right to information ...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

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

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

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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

CJEU: Re-posting content is a “communication to the public”

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Copying an image from a website and using it for one’s own purposes, e.g. the illustration of a memo which eventually happens to be uploaded to another website – this happens a hundred times every day. However, such conduct...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

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

German Federal Court Rules On Google’s Image Search – Thumbnails III

Hogan Lovells on

On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name...more

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