The Court of Justice of the European Union issued a landmark ruling in April 2026, clarifying when music sampling and other uses of protected works may qualify as lawful “pastiche” under EU copyright law. The decision establishes three cumulative conditions that may shape how creators and practitioners across creative fields assess permissible use going forward.
Continue Reading CJEU Clarifies the ‘Pastiche’ Exception Under EU Copyright Law
The European Union has undertaken a comprehensive modernization and harmonization of its design protection framework.
Continue Reading Toward Digital-Ready Design Protection: The New EU Design Act
The Court of Justice of the European Union (CJEU) handed down its ruling in Kwantum v. Vitra on 24 October 2024. This ruling reflects a significant shift regarding EU protection of the works of applied art originating outside of the EU.
The Dutch Supreme Court (Hoge Raad) recently submitted prejudicial questions to the Court of Justice of the European Union (CJEU), the EU’s highest court, to clarify the application of Article 2 (7) of the Berne Convention for the Protection of Literary and Artistic Works (BC). The prejudicial questions relate to the so-called ‘material
The European Court of Justice (ECJ) issued a landmark decision on Dec. 19, 2019, that effectively restricts the resale of legally purchased e-books. The case involved the Dutch company Tom Kabinet and the Dutch Publishers Society (Nederlands Uitgeversverbond). Tom Kabinet offered second hand e-books for sale through a “Book Club.” The e-books were
On March 26, the parliament of the European Union approved the “Directive on copyright in the Digital Single Market”, one of the most heavily disputed legislative acts in EU history. The Directive now has to be approved by the member states in the European Council, which is usually a formality (and will possibly happen on
In a period of ongoing modernization of European legislation concerning the European Digital Single Market, the regulation of online copyright is a continuing concern. The proposed new copyright directive (‘the Copyright Directive’) would bring far-reaching changes to European copyright law and has been heavily debated by the member states over the last two years.
In August 2018 we published a blog about a case before the Court of Justice of the European Union (the CJEU) concerning the possibility of copyright on taste of a food product. The special advisor of the CJEU, the Advocate General, advised that taste should not be protected by copyright.
The main reason for this
On 25 July 2018 an important legal opinion was rendered in a high-profile case regarding the possibility of copyright on taste. In this legal opinion the Court of Justice of the European Union (the CJEU) was advised by a special advisor, the ‘Advocate General’. He is of the opinion that taste should not be protected by copyright.
Continue Reading Can Taste be Copyrighted?