CJEU links fair compensation in Articles 5(2)(a) and (b) of the InfoSoc Directive to actual harm requirement

By Rosati, E.

In its decision on 12 November 2015 in Hewlett-Packard v Reprobel (‘Reprobel‘), the Court of Justice of the European Union (‘CJEU’) held that in relation to the exceptions or limitations in Articles 5(2)(a) and (b) of Directive 2001/29/EC (the ‘InfoSoc Directive’): (1) a distinction must be made depending on the …read more

Source:: Journal of Intellectual Property Law & Practice