Court of Justice of the European Union: : Ruling on online copyright infringement jurisdiction

• Autores: Ronan Ó Fathaigh
• Localización: IRIS: Legal Observations of the European Audiovisual Observatory, ISSN-e 1023-8565, Nº. 3, 2015, págs. 3-4
• Idioma: inglés
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• Resumen

  • On 22 January 2015, the Court of Justice of the European Union delivered its judgment in Hejduk v. EnergieAgentur (Case C-441/13) on the question of whether an Austrian court may hear an action for online copyright infringement where the material is placed online in another Member State. The case concerned Pez Hejduk, a professional photographer of architecture, who had taken photographs of various buildings by an Austrian architect. A German company, EnergieAgentur, made the photographs available on its German website without Hejduk’s consent and Hejduk brought an action for copyright infringement against EnergieAgentur in an Austrian court, claiming EUR 4,000 in damages. EnergieAgentur argued that the Austrian court lacked jurisdiction because its website was not directed at Austria and the “mere fact that a website may be accessed from Austria” was insufficient to establish jurisdiction.