The HP Judgement: The International Implications of Reading Literally
According to the European Court of Justice (CJEU), as part of a ruling on Belgian statutory levies published on 12 November 2015 ‘publishers are not reproduction rightsholders’ under a literal reading of Art. 2 of the EU Copyright Directive (2001/29). Therefore, the CJEU found that ‘publishers do suffer no harm’ as a result of the private copy and photocopy exceptions in that directive.
Google’s making of a digital copy to provide a search function is a ‘transformative use’ of the content, Judge Leval said
Judge Leval, sitting in the US Court of Appeal for the 2nd Circuit, on 16 October delivered his long-awaited opinion in the matter of the (American) Authors’ Guild Inc. and others vs Google Inc. The Court rejected each of the claims of the Authors’ Guild and other appellants (collectively, the ‘Plaintiffs’) about why the district court’s ruling (by Chin J.) was flawed.