Where can claimants sue for online copyright infringement?
The question that the Court of Justice of the European Union (CJEU) was asked boiled down to this: when a copyright-infringing CD is made by a company in Austria and sold by different companies in the UK on a website accessible in France, does a French court have jurisdiction to hear an action brought by the French copyright owner against the Austrian company?
The CJEU’s answer was yes. A court will be able to hear a copyright infringement committed on or through a website if the website is accessible within the jurisdiction of that court. So the French court can hear the action for infringement of the French copyright. It can, however, only rule on the damage suffered in France. The French court will apply French law to decide whether or not there was an infringement in France…
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