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The Court of Justice potentially overturns the existing business model with respect to the broadcasting of copyright-protected works

Belgium, European Union - November 30 2015 In the SBS Belgium NV (SBS) v. Belgische Vereniging van Auteurs, Componisten en Uitgevers (SABAM) case (C 325/14), the Court of Justice, following a…

Alexis Hallemans.

Oracle or Fata Morgana: can a licence lead to transfer of property in Belgium?

Belgium, European Union - October 27 2015 The Brussels Court of Appeal recently confirmed the landmark decision UsedSoft v. Oracle of the European Court of Justice (ECJ). In UsedSoft v…

Alexis Hallemans.

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.

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.

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.