Matheson’s technology and IP law blog

The CJEU gives its views of the parody exception to copyright

December 18th, 2014


The Court of Justice of the European Union (“CJEU”) recently gave guidance in Deckmyn v Vandersteen (Case C-201/13) as to the meaning of Article 5(3)(k) of the Copyright Directive 2001/29/EC (the “Directive”), which allows member states to provide for a parody exception to copyright. Belgium, where this case originated, has a parody exception enshrined in legislation from 1994, while Ireland has yet to introduce such an exception. Background Mr Deckmyn, a member of the Flemish Nationalist party Vlaams Belang, distributed… Read more…

Hyperlinking – validated at last

February 14th, 2014


It is the moment that many have been waiting for and it has been worth the wait?  The Court of Justice of the European Union (CJEU) has just issued its eagerly anticipated decision in Case C-466/12 Svensson. In essence, the Court found that hyperlinking to a protected work on another website does not constitute a copyright restricted act of “communication to the public” in circumstances where a work is freely available on the initial site. The CJEU’s logic is that… Read more…

Modernising Copyright…..Irish Style!

December 9th, 2013


“Modernising Copyright”, the much awaited report of the Copyright Review Committee, was published on 29 October 2013 and is being officially launched today 9 December 2013. The report recommends the establishment of a Copyright Council of Ireland with a mandate for advocacy, education, management of collective licensing and alternative dispute resolution. It also proposes a lower court IP jurisdiction, namely the introduction of an intellectual property claims procedure in the District Court and the establishment of a specialist intellectual property… Read more…

Forum shopping for online copyright infringement: The CJEU says “Yes!”

October 8th, 2013


The CJEU delivered its much anticipated judgment in Case C 170/12 Pinckney v KDG Mediatech AG on 3 October. The judgment follows a reference from the French Court of Cassation asking whether a French court has jurisdiction in circumstances where the Plaintiff alleges that the Defendant infringed his copyright by transferring his songs onto CDs and allowing these CDs to be marketed online by two UK companies. Jurisdiction between EU Member states is regulated by Council Regulation (EC) No 22/2001… Read more…