Tuesday, 6 May 2014

Jurisdiction and Transnational Copyright Infringement

ECJ  C-387/12

The European Court of Justice looked again at the issue of transnational copyright infringement. In the case of a photographer suing a French company for transferring the economic rights to a photo he took to another company in France which had a German entity. 
The Court found that apart from the general jurisdiction of the place of harmful event, jurisdiction could also be established at the place where the damage occurred. Although that jurisdiction would be limited to determining the damage incurred in that country. Therefore the photographer could sue the French company for the damages he incurred by the German entity of the second French company exploiting his photographic work in Germany.

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