Tag Archives: CJEU

BitTorrents join unlawful streaming and unlawful downloads as infringements of copyright

Following on from its recent decision in Filmspeler, the CJEU has handed down its judgment in Stichting Brein v Ziggo, C-610/15 (The Pirate Bay), concluding that operators of the online sharing platforms are making a 'communication to the public' within … Continue reading

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Filed under Consumer products, Copyright, EU, Media, Technology, media & telecommunications, UK

Unlawful streaming is as infringing as unlawful downloads – Further guidance from the CJEU on “communication to the public”

The CJEU has issued its ruling in Filmspeler that the sale of a multimedia player specifically configured to link to websites on which protected works are made available to internet users, without the consent of the copyright holders, is a … Continue reading

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Filed under Copyright, EU, Media, Technology, media & telecommunications, UK

Law catches up with free TV streaming sites

ITV & Others v TVCatchup: CJEU Rules S.73 CDPA defence not applicable to online streaming of live broadcasts. The CJEU has issued its ruling on the latest question referred to it in the long-running dispute between ITV (and others) and … Continue reading

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Filed under Copyright, Media, Technology, media & telecommunications, UK

CJEU rules that comparative advertising based on prices in shops of different sizes and formats may be unlawful and misleading in certain circumstances

Further to a reference from the Paris Court of Appeal in a case between Carrefour Hypermarchés SAS and ITM Alimentaire International SASU, the CJEU has issued its ruling on the lawfulness of comparative advertising focussing on the prices charged by … Continue reading

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Filed under Advertising, Consumer products, EU, Media, Technology, media & telecommunications, UK

Hyperlinking to material on the internet – CJEU expands on the circumstances when it may amount to copyright infringement

In a further key decision on hyperlinking and copyright, the CJEU has held that creating hyperlinks may be a communication to the public and so may amount to copyright infringement, if the creator of the hyperlinks knows or should have … Continue reading

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Filed under Copyright, EU, Media, Technology, media & telecommunications, UK

From 28 July 2016 section 52 CDPA repeal will mean copyright will be extended or revived in the UK in many industrially manufactured articles

Section 52 Copyright Designs & Patents Act 1988 provided for a reduced term of copyright protection for artistic works which had been industrially manufactured, that is over 50 articles have been made.  The reduced term granted was 25 years from … Continue reading

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Filed under Copyright, Patents, UK