Court decision analysis

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Comment
May 19, 2026
Software Protection and Modification of Variables During Execution
Judgment of the Court of Justice of October 17, 2024, Sony (C-159/23). Facts: The case involves a dispute between Sony Computer Entertainment Europe Ltd (“Sony”), the distributor of the PlayStation Portable (PSP) console and its games, and Datel Design and Development Ltd (“Datel”), a manufacturer of accessories and complementary software such as Action Replay PSP and Tilt […]
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Comment
May 11, 2026
Rights Management by Independent Management Organizations.
Judgment of the Court of Justice of March 21, 2024, Jamendo (C-10/22). Facts: The judgment arises from the dispute between Liberi editori e autori (“LEA”) and Jamendo regarding the intermediary activities that Jamendo is carrying out in the field of copyright in Italy, enabling authors and rights holders of […]
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Comment
April 29, 2026
“Public Notice” in a Leased Building
Judgment of the Court of Justice of June 20, 2024, GEMA (C-135/23). Facts: The case stems from a dispute between the collective management organization GEMA and GL, a company that operates an apartment building in Germany. GL installed televisions equipped with indoor antennas in several of the apartments, which allow for the reception of […]
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Comment
April 21, 2026
Mandatory Assignment of Performers' Rights in Public Orchestras.
Judgment of the Court of Justice of March 6, 2025, Orchestre national de Belgique (C-575/23). 1. Key Facts of the Case The case arises from a dispute between several musicians of the Orchestre national de Belgique and the Belgian State, following the adoption of a Royal Decree dated June 1 […]
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Comment
April 8, 2026
“Communication with the public” at a hotel.
Judgment of the Court of Justice of April 11, 2024, Citadines (C-723/22). 1. Facts: The judgment stems from a request for a preliminary ruling submitted by the Munich Regional Civil and Criminal Court (Landgericht München I) in the context of the dispute between Citadines Betriebs GmbH (“Citadines”) and MPLC Deutschland GmbH b (“MPLC”), in […]
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Comment
March 25, 2026
EU Member States may not apply the “substantive reciprocity” criterion set forth in Article 2.7 of the Berne Convention to works of applied art whose country of origin is not a Member State
Judgment of the Court of Justice of October 24, 2024, Kwantum (C-227/23) 1. Facts The Swiss furniture manufacturer Vitra holds the intellectual property rights to furniture designs created by Charles and Ray Eames (U.S. nationals), including, among others, the “DSW chair.” Vitra has brought an action against […]
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Comment
March 17, 2026
Fair compensation for private copying and reprography
Judgment of the Court of Justice of November 14, 2024, Reprobel (C-230/23). 1. Facts The dispute arose in Belgium between Reprobel CV (“Reprobel”), a collective management organization designated by the Belgian government to ensure the collection and distribution of the remuneration provided for under national law for the making of copies of works […]
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Comment
March 4, 2026
Lack of international jurisdiction of the Spanish court to hear a case involving an infringement of intellectual property rights in Qatar
Supreme Court Decision of February 26, 2025, Farola Latina (ECLI:ES:TS:2025:735) 1. Facts The decision stems from a lawsuit filed in Barcelona by a Spanish architect against the company Ashghal and the State of Qatar for infringement of intellectual property rights regarding a certain design for a streetlight model […]
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Comment
February 23, 2026
Equitable remuneration for phonograms
Judgment of the Court of Justice of July 10, 2025, DADA (C-37/24) 1. Facts The judgment stems from a request for a preliminary ruling submitted by the Curtea de Apel București (hereinafter, the Bucharest Court of Appeals, Romania) in the context of a dispute between the Uniunea Producătorilor de Fonograme din România (hereinafter, […]
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