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Results: 1-10 of 17

"Communication to the public" includes "live" streaming of TV content to licensed recipients

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • March 11 2013

The CJEU has held that TVCatchup's live streaming of UK free-to-view terrestrial television broadcasts infringes authors' rights to control

TMT past, present and future: UKEU review of 2012 and preview of 2013

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • January 15 2013

No duty to monitor" extended to social networks: In February 2012, the Court of Justice of the European Union ("ECJ") ruled that the owner of an

IT & outsourcing e-bulletin - a round-up of developments

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • July 31 2012

Ofcom has published a revised version of the Initial Obligations Code for ISPs and copyright owners in an effort to tackle online copyright infringement as per the provisions of the controversial Digital Economy Act

Selling on software licences is permissible, but where will it lead?

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • July 16 2012

The CJEU has delivered its decision in Case C-12811 UsedSoft GmbH v Oracle International Corp answering questions referred to it by the German court on the permissibility of selling on software licences, and whether the principle of exhaustion of distribution rights in the Copyright Directive (200129) applies to software downloaded via the internet under the provisions of the Software Directive (200924

Communications and media e-bulletin - a round-up of developments

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • July 6 2012

In the face of decreasing voice revenues and increasing data demands and the need to roll-out 4G networks, mobile operators in Europe are looking at new ways of sharing networks and infrastructure

General counsel update: 31 May 2012

  • Herbert Smith Freehills LLP
  • -
  • Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
  • -
  • May 31 2012

This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas

A round-up of developments

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • May 24 2012

In the case of SAS Institute v World Programming Limited, the Court of Justice of the European Union (the "CJEU") has considered the limited extent to which certain elements of a computer program enjoy copyright protection

Copyright infringement in computer software: access to the code is the key

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • May 17 2012

The CJEU has recently delivered its decision in C-40610 SAS Institute v World Programming Ltd, answering questions posed by the English court on the extent to which computer software is protected by copyright under the Software Directive, in particular in relation to functionality and the extent of rights under a licence to use

No Big Brother required: ECJ extends "no duty to monitor" protection to social networks

  • Herbert Smith Freehills LLP
  • -
  • Belgium, European Union
  • -
  • March 30 2012

The Court of Justice of the European Union has published its judgment in the case of SABAM v Netlog, in which it has ruled that the owner of an online social network cannot be obliged to install a general filtering system in order to prevent the unlawful use of protected works

The dental surgery and the hotel bedroom: CJEU discusses the concept of "communication to the public"

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • March 28 2012

The Court of Justice of the European Union has ruled in two cases on the meaning of "communication to the public", finding that the free broadcasting of phonograms as background music in a private dental practice was not a "communication to the public", but that the broadcasting of phonograms in a hotel bedroom was

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