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Lea Kaase

Posts by Lea Kaase

CJEU pokes holes in copyright protection for the taste of cheese

This week, the European Court of Justice (CJEU) ruled that the taste of cheese does not enjoy any copyright protection (C-310/17). Although this preliminary ruling procedure from the Netherlands may sound bizarre, the effects of the decision should not be underestimated: for the first time, the CJEU had to make a direct statement on the

Advocate General rejects copyright infringement in German Afghanistan Papers case

Can the Federal Republic of Germany invoke a copyright on military status reports? This is the key question currently before the European Court of Justice (CJEU) (Case Ref. C-469/17). But before the Court submits a ruling on the case, presumably in early spring 2019, Advocate General Maciej Szpunar published his Opinion on 25 October 2018.

Provider liability: First YouTube, now “uploaded” – next case before the CJEU

Only two weeks ago, the Federal Court of Justice (BGH) referred various questions to the Court of Justice of the European Union (CJEU) concerning the liability of the video platform YouTube. There, the court’s queries focused on who is actually responsible for unlawfully uploaded content – just the uploader himself or the service provider as

DSM Watch: Towards a modern European copyright framework (Part 4): Creating a fairer marketplace

This fourth blog in a series of five looks at the European Commission’s plans for “Creating a fairer marketplace”. Background The Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields such as telecommunication, consumer rights and Big Data, each of which is intended to bring

DSM Watch: EU Commission to speak on legislative proposals for copyright next week – 9 December 2015, 1200 CET

Last week we reported Commission Vice-President for the Single Digital Market, Andrus Ansip saying in a speech at the University of Strasbourg “We intend to present our reform plans in a strategy paper in December.”  Well, today the Commission has set the date, time and place: Also, yesterday, it published a brief outline (below).  Whilst

DSM Watch: EU Commission announces first concrete legislative proposals – but when are they coming?

In this post we preview the EU Commission’s first concrete legislative proposals on reform of EU copyright under the DSM banner, and look further ahead to what the Commission has planned in this area for 2016. Background In May the announcement of the EU Commission’s Digital Single Market (DSM) strategy received much attention.  Our DSM