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Eversheds Sutherland (International) LLP | United Kingdom, European Union | 15 Feb 2017

Will free Wi-Fi providers be paying the price for illegal downloads?

This briefing considers a recent ruling from the European Court of Justice (ECJ) in the case of McFadden v Sony1, which considered the extent to which


Eversheds Sutherland (International) LLP | European Union | 2 Nov 2016

CJEU confirmed that hyperlinking could be ‘Communication to the Public’.

Since our previous article ‘Has there been a ‘communication to the public’ amounting to copyright infringement?’; the CJEU has delivered its


Eversheds Sutherland (International) LLP | European Union, Latvia | 1 Nov 2016

Success for software owners - ECJ confirms that it is copyright infringement to re-sell physical back-up copies of software to third parties

The European Court of Justice (“ECJ”) held that it is copyright infringement to sell back-up copies of software. The court ruled that back-up copies


Eversheds Sutherland (International) LLP | USA, European Union | 19 Aug 2016

The music industry takes on ‘safe harbor’

Nearly 200 artists have signed a letter addressed to the US Congress asking for reform of the Digital Millennium Copyright Act. The artists argue that


Eversheds Sutherland (International) LLP | United Kingdom | 8 Dec 2015

Damages claim for infringement of copyright in photographs

In the case of Absolute Lofts South West London Limited v Artisan Home Improvements Limited and another 2015 EWHC 2608 (IPEC), the Intellectual


Eversheds Sutherland (International) LLP | Germany | 5 Aug 2015

German Federal Supreme Court - “framing” does not infringe copyright if content was authorised on the source

Following CJEU decision BestWater (C-34813), the German Federal Supreme Court on 9 July 2015 (I ZR 4612) ruled again on BestWater and decided that


Eversheds Sutherland (International) LLP | France | 3 Aug 2015

Alleged copyright infringement, unfair competition, and free riding

In the case we are dealing with here, Mr Philippe Cassegrain, a bag designer, and Longchamp, the company in charge of marketing the bag, had taken


Eversheds Sutherland (International) LLP | Poland | 20 Jul 2015

Polish Constitutional Tribunal changes the rules for claiming copyright infringement damages

Less than a month ago there was an uproar in Polish copyright law due to the Polish Constitutional Tribunal's judgment of 23 June 2015 (Case SK


Eversheds Sutherland (International) LLP | Belgium | 24 Jun 2015

Does a message on a Facebook wall constitute a copyright infringement?

The Belgian Cour de Cassation (i.e. the Belgian Supreme Court) was asked to rule on the question whether the Brussels Court of Appeal (Criminal


Eversheds Sutherland (International) LLP | United Kingdom | 9 Dec 2014

Online copyright infringement

The Police Intellectual Property Crime Unit (PIPCU) has arrested a man on suspicion of providing access to websites which have been subject to a

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