Jurisdiction in online copyright infringement
Mr Pinckney lived in France and wrote songs protected by copyright in France. The songs were put onto a CD in Austria, which was sold on the internet by two companies based in the UK. Mr Pinckney brought proceedings for copyright infringement in France on the basis that the songs were protected by copyright in France and he had been able to buy the infringing CD from his computer in France.
The Court of Cassation asked the Court of Justice of the European Union (CJEU) for clarification on the relevant provision (Article 5(3)) of the Brussels Regulation (44/2001/EC) to help it determine whether it could accept jurisdiction…
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