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Cable retransmission within the reception area of the original broadcast is not a communication to the public in the sense of article 3(1) of Directive 2001/29/E

European Union - April 28 2017 The Court of Justice of the EU ("CJEU") recently pronounced a somewhat "discomforting" judgment in the AKM v. Zü case (C-138/16). The CJEU…

Alexis Hallemans.

The CJEU determines scope of implicit consent of authors to use their works

European Union, France - November 30 2016 Earlier this month the Court of Justice of the EU ("CJEU") has rendered a decision in the Marc Soulier, Sara Dokes v. Premier Ministre, Ministre de…

Alexis Hallemans.

No licence needed for the ‘public lending’ of digital copies of books!

European Union, Netherlands - November 18 2016 The Court of Justice of the European Union ("CJEU") in the VOB v. Stichting Leenrecht case (C-174/15) has recently provided some clarifications in…

Alexis Hallemans.

“Losers” lose: transfer of a back-up copy of software, unless authorized, is not allowed

European Union, Latvia - October 27 2016 The European Court of Justice ("ECJ"), in the Aleksandrs Ranks and Jurijs Vasilevics case (C-166/15), held that although in applying the UsedSoft case…

Alexis Hallemans.

Cable transmission, not retransmission: Telenet prevails

Belgium, European Union - October 27 2016 On 30 September 2016, the Belgian Court of Cassation decided to partly annul the Court of Appeal of Antwerp’s decision of 4 February 2013 in which the…

Alexis Hallemans.