Friday 12 September 2008

Differential calculus: the AG opines in STIM v Kanal 5 and TV 4

The Opinion of the Advocate General in Case C-52/07 Kanal 5 and TV 4 v STIM (not yet available in English) makes fascinating reading. It addresses a reference from Sweden to the European Court of Justice for a preliminary ruling on the circumstances in which different forms of royalty calculation levied by a copyright collecting society may be viewed as abusive exercises of the performing rights in its portfolio. A note on this case appears on the IPKat weblog, which credits Franck Latrémolière (Reckon) as its source.

On average, once the Advocate General has given an Opinion it takes some 5-6 months for the Court to rule. That would suggest that we should have some guidance from the court next Spring.

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