TY - JOUR

T1 - Striking a balance between fundamental rights in the EU Charter Bastei Lubbe GmbH & Co KG v Michael Strotzer

AU - Howard, Michael

AU - Hyland, Mark

PY - 2019/10/1

Y1 - 2019/10/1

N2 - Discusses Bastei Lubbe GmbH & Co KG v Strotzer (C-149/17) (ECJ) on the interpretation of Directive 2001/29 art.8(1) and (2), in conjunction with art.3(1), and Directive 2004/48 art.3(2) in a damages action for breach of the right to make works available to the public where the owner of an internet connection used for copyright infringements through file-sharing could name at least one other family member who might have had access to the internet connection.

AB - Discusses Bastei Lubbe GmbH & Co KG v Strotzer (C-149/17) (ECJ) on the interpretation of Directive 2001/29 art.8(1) and (2), in conjunction with art.3(1), and Directive 2004/48 art.3(2) in a damages action for breach of the right to make works available to the public where the owner of an internet connection used for copyright infringements through file-sharing could name at least one other family member who might have had access to the internet connection.

KW - Copyright

KW - EU law

KW - Statutory interpretation

KW - Penalties

KW - Online infringement

KW - Infringement

KW - Fundamental rights

KW - Families

KW - File sharing

M3 - Article

VL - 24

SP - 132

EP - 136

JO - Communications law

JF - Communications law

SN - 1746-7616

IS - 3

ER -