CJEU delivers judgement in VG Bild-Kunst v Stiftung Preußischer Kulturbesitz, adding to the jurisprudence on web linking

On March 9, 2021, the CJEU delivered its judgement in the case VG Bild-Kunst v Stiftung Preußischer Kulturbesitz. We have previously analysed the opinion of the Advocate General Maciej Szpunar, mentioning that it will be interesting to see whether the CJEU will follow the reasoning of the Advocate General or whether it will stay faithful to the principles already established in its previous jurisprudence.

Related briefings

Electronic surveillance for the purpose of enforcing freedom restricting sanctions

Recently, Law no. 146/2021 regarding electronic surveillance within judicial and executional criminal proceedings was published in the Official Gazette of Romania, for the first time regulating the use of electronic monitoring devices in Romania. As a result, the Informatic System for Electronic Surveillance will be initiated and run a pilot program between March 1, 2022, and December 31, 2025.

New changes impacting the leasing legislation

Law no. 83/2021 amending and supplementing Government Ordinance no. 51/1997 on the leasing operations and the leasing companies was published on April 16, 2021 in the Official Gazette no. 401, Part I. Importantly, the provisions of Law no. 83/2021 may only be applied for leasing agreements concluded after its entry into force.

Romanian draft law on 5G technology under strong criticism from both public authorities and private stakeholders

The Draft law on the adoption of certain measures concerning informatic and communications infrastructures of national interest and the conditions for deployment of 5G networks initiated by the former Ministry of Transportation, Infrastructure and Communications has undergone a new series of examinations from the relevant public authorities as part of the legislative procedure.

Latest Briefings

The economic substance requirements for Jersey partnerships

The Taxation (Partnerships – Economic Substance) (Jersey) Law 202- was lodged with the States Assembly on 18 May 2021 and, if passed, is expected to come into effect from 1 July 2021 (with a six month transition period to 1 January 2022 for partnerships established before 1 July 2021).

Tokenized copyrights: Linking an NFT to a copyright licence

In our last report on the NFT (Non-fungible tokens) self-experiment “Formulating a smart contract and minting an NFT”, we looked at what data is packed in a freshly minted NFT. In principle, it is possible to include an entire data set of an artwork (i.e. in our case the GIF) in an NFT and thus on the blockchain. We also pointed out that in our self-experiment we did not only link to the digital artwork but also attached a limited usage licence to the NFT (in the metadata; because otherwise the buyer of an NFT in general will not own any intellectual property respectively rights of exploitation or use to the artwork connected to the NFT).

Virtual Asset Service Providers become subject to registration requirements and AML/CTF obligations

On 23 April 2021, provisions of the Fifth Anti-Money Laundering Directive (5AMLD) were transposed into Irish Law by the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (CJA 2021), which amends the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (CJA 2010). Please see our recent briefing for analysis of changes introduced by 5AMLD: New Irish Anti-Money Laundering Rules.

Child maintenance: traps for the unwary

For parents, the child maintenance system can seem a vast and complicated system of ropes and pulleys for something they expect should be straightforward.

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Pinsents granted appeal in £1.5bn SKAT case

The Kingdom of Denmark, represented by Pinsent Masons, has been granted one strand of its appeal in the mammoth SKAT case, after a High Court strike-out last month. Following the appeal lodged by Pinsents on behalf of the Danish Tax Authority (SKAT), the claimant was successful in challenging the original decision – but only against […]

London Bridge

Gowling offers suite of flexible working options for staff

Gowling WLG is the latest firm to introduce flexible working arrangements, including the option to spend up to 50 per cent of time working from home for the long-term. The firm’s Agile+ scheme opens up a broader menu of flexible/alternative working patterns. Working patterns being trialled through a series of pilot projects include flexible start […]

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