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…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
Why register to The Lawyer
More relevant to you
News from Taylor Wessing
News from The Lawyer
Briefings from Taylor Wessing
For the tax year from 6 April 2014, the standard lifetime allowance has reduced from £1.5m to £1.25m.
One of the areas highlighted last year by the Regulator was the regulation of workplace DC pension schemes.
Analysis from The Lawyer
As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014.
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world