Talk:Wikilegal/A changing legal world for free knowledge
Add topicProbable EU examples to note for
[edit]From Trang (2017), page 21.
Relevant case files:
- Peter Pinckney v KDG Mediatech AG (2013)
In this case, the French composer and performer sued the Austrian company for producing compact disks and largely distributing it to the UK market though the web site. The claimant insisted on the proceeding under French jurisdiction. His statement was based on the fact that he can freely get the access from France to the web-site, where his songs have been on sale without his authorization. Whereas, KDG Mediatech AG states that the jurisdiction of case proceeding should be only in courts where the place of the defendant’s domicile (Austria) or the place where the infringement was committed (UK). In a long run, the CJEU held that, based on the Article 5(3) of Brussel I Directive, the claimant can bring an action to the court of every Member State where the damage may occur. Therefore, regardless of whether the activity of the website was directed or not, the copyright infringement appears in any EU country where the website provides an online access to the unauthorized content.
- Pez Hejduk v EnergieAgentur NRW GmnH (2015)
Concerns unauthorized publishing images of French photographer, Ms Hejduk, by the Austrian company, EnergieAgentur, on the German domain. In this case, the CJEU adhere to the same position that the ability of website for providing an access to the unauthorized copyrighted work constitutes applicability of the territorial principle in accordance with the Article 5 of Brussel Directive. Consequently, this means that the French plaintiff may claim a compensation for infringement in every country where access to the copyrighted work is possible.