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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Eva Vonau

Posts by Eva Vonau
Posted in Copyright Eva VonauDiana Ettig

EU: Advocate General – Hyperlinking is lawful regardless whether content was uploaded with or without permission

Hyperlinks are yet again on the Court of Justice of the European Union’s (CJEU) agenda. Whilst in 2014, the decision Svensson (C-466/12) and BestWater International (C-348/13) set path-breaking precedent, the current matter GS Media (C-160/15) promises to fill those gaps that remained after the first two judgments.

On 7 April 2016, it was for … Continue Reading

Posted in Digital Single Market (EU) Eva Vonau

DSM Watch: Commission identifies two trends from responses to SatCab Directive consultation but extending to online splits opinion

In August 2015 the EU Commission started a public consultation regarding the review of the Satellite and Cable Directive. The EU commission has now released its views on the first preliminary trends of the public consultation

Background

For an overview of the Commission’s Digital Single Market (DSM) strategy take a look at our earlier blogs for the whole and each … Continue Reading

Posted in Copyright Eva Vonau

Framing in the limelight: German Federal Supreme Court – “framing” of copyrighted content is not infringement if originally uploaded with consent

On 9 July 2015, the German Federal Supreme Court ruled, once again, on the case of Bestwater. You may already know this case as both the German Federal Supreme Court and the CJEU already released decisions on it before.

The case concerns the claim of Bestwater, a German company manufacturing and distributing water purification systems, that its rights were infringed … Continue Reading

Posted in Copyright, Policy & Regulation Eva Vonau

Germany follows the CJEU – Playing music at the dentists

The German Federal Supreme Court handed down a decision concerning a dentist playing background music from broadcasting stations in the waiting area of his practice (I ZR 14/14). If this sounds familiar to you it is because the CJEU decided about a nearly identical case on the 15 March 2012 (C-135/10).

In the CJEU case, the “SCF”, the … Continue Reading

Posted in Copyright, Internet, Telecoms & Broadband Eva Vonau

German Court asks CJEU: Are businesses that provide password-free WIFI liable for third party copyright infringements?

The German Regional Court of Munich (Decision No. 7 O 14719/12) has referred various questions to the CJEU seeking clarification on the liability of businesses that provide password-free WIFI access for copyright infringements carried out by their users.

In the case at hand a German shop owner that sold and let sound and light equipment for events provided a password-free … Continue Reading

Posted in Copyright, Internet Eva Vonau

CJEU rules on whether ‘framing’ amounts to copyright infringement

On 21 October 2014 the CJEU had to decide in the case of Bestwater whether embedding content in a website via “framing” constitutes “communication to the public” within the meaning of Article 3 of the InfoSoc Directive[1] and therefore infringes the copyright of the creator of the content.

“Framing” refers to the practice of linking to content in a … Continue Reading

Posted in Copyright, Entertainment & Content, Policy & Regulation Morten PetersennEva Vonau

European Union – European Commission adopts an Action Plan on the enforcement of Intellectual Property Rights

On 1 July the European Commission adopted an action plan to address infringements of intellectual property rights in the EU (COM(2014) 392/2). The action plan intends to shift the attention of enforcement policies and actions from individuals infringing IP rights towards commercial scale infringers as they are viewed as the most harmful according to the Commission.

The EU Commissioner for … Continue Reading