Pinckney v Mediatech

Document type
Court Decision

This case considered the relative jurisdiction of EU Member States under the Brussels I convention in a copyright case involving online CD sales. It concluded that mere site accessibility, rather than targeting, could be enough to support jurisdiction. It noted that copyright was distinct from other claims previously considered by the court, both because of specific provisions in the Regulation and because copyright arises simultaneously in all Member States. As the court explained its reasoning, 

"Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, in the event of alleged infringement of copyrights protected by the Member State of the court seised, the latter has jurisdiction to hear an action to establish liability brought by the author of a work against a company established in another Member State and which has, in the latter State, reproduced that work on a material support which is subsequently sold by companies established in a third Member State through an internet site also accessible with the jurisdiction of the court seised. That court has jurisdiction only to determine the damage caused in the Member State within which it is situated."

Topic, claim, or defense
Copyright
Jurisdiction
Document type
Court Decision
Issuing entity
Transnational Court
Issues addressed
Limitation on Scope of Compliance (Geographic, Temporal, etc.)