Monitoring References to the Court of Justice of the European Union
Tag
16 case reports
On 12 June 2018 the Court ruled (ECLI:EU:C:2018:423) that a mark consisting of a colour applied to the sole of a shoe is not a sign consisting "exclusively of the shape" within Article 3(1)(e)(iii) of the Trade Marks Directive — the red sole is principally…
By judgment of 20 October 2016 (ECLI:EU:C:2016:790) the Court held that the terms of protection in the Term Directive do not apply to copyright that had been extinguished before 1 July 1995, and that EU law does not preclude national legislation under…
On 14 June 2017 the Court ruled (ECLI:EU:C:2017:456) that the operators of The Pirate Bay themselves make a communication to the public by indexing and managing torrents of protected works, despite the content sitting on users' machines.
By judgment of 16 November 2016 (ECLI:EU:C:2016:878) the Court held that the French scheme licensing digital exploitation of out-of-print books precluded authors' exclusive rights: consent may sometimes be implicit, but only where every author is actually…
On 10 November 2016 the Court ruled (ECLI:EU:C:2016:856) that the public-lending exception can cover the lending of e-books on the one-copy-one-user model, digital lending being within the Rental and Lending Directive.
By judgment of 29 October 2015 (ECLI:EU:C:2015:735) the Court held that geographical data extracted from a topographic map retain sufficient autonomous informative value to be "independent materials", so a map can constitute a database within the Database…
By judgment of 22 September 2016 (ECLI:EU:C:2016:717) the Court ruled, in the words of the operative part: “EU law, in particular Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of…
By judgment of 9 June 2016 (ECLI:EU:C:2016:418) the Court held that fair compensation for private copying may not be financed from the general state budget in a way that cannot ensure the cost is ultimately borne by the users of the private-copying exception.
By judgment of 12 November 2015 (ECLI:EU:C:2015:750) the Court ruled, in the words of the operative part: “1.
By judgment of 13 May 2015 (ECLI:EU:C:2015:315) the Court ruled, in the words of the operative part: “Article 4(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and…
On 11 September 2014 the Court ruled (ECLI:EU:C:2014:2196) that Member States may permit libraries to digitise works in their collections in order to make them available at dedicated terminals, even where the publisher offers licence agreements.
On 3 September 2014 the Grand Chamber ruled (ECLI:EU:C:2014:2132) that parody is an autonomous concept of EU law with only two essential characteristics: it evokes an existing work while being noticeably different from it, and it constitutes an expression…
By judgment of 5 March 2015 (ECLI:EU:C:2015:144) the Court accepted that private-copying levies may be charged on multifunctional media such as mobile-phone memory cards, subject to a battery of conditions: harm above a minimal threshold, no levy where…
By judgment of 11 July 2013 (ECLI:EU:C:2013:515) the Court held that indiscriminately levying blank media placed on the market for business purposes is permissible only if the scheme provides an effective and non-excessive right to reimbursement; a…
On 10 April 2014 the Court ruled (ECLI:EU:C:2014:254) that the private-copying exception does not cover reproductions from unlawful sources, and that levy systems must not factor unlawful copying into the fair compensation collected from everyone — a Dutch…
By judgment of 3 October 2013 (ECLI:EU:C:2013:635) the Court held that in online copyright cases Article 5(3) of Brussels I gives jurisdiction to the courts of a Member State which protects the copyright relied on and where the website is accessible — no…