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
Continue Reading EU Court Ruling Expands Copyright Protection for International Works of Applied Art
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
Continue Reading Are US-Designed Chairs Without US IP Protection Copyright Protectable in Netherlands and Belgium as Works of Applied Art?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
Continue Reading European Court of Justice’s Landmark Decision on the Resale of E-Books
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.
Continue Reading EU Parliament Approves Heavily Disputed Copyright Directive
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
Continue Reading Modernization of EU Copyright Rules: A Good Idea With Bad Results?
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
Continue Reading CJEU Renders Judgment: Taste is Not Protected by Copyright
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?