GERMAN & EUROPEAN LAW · ADVICE IN ENGLISHHANOVER / GERMANY / CROSS-BORDER

CJEU: territorial copyright and effective geo-blocking

2026 annual review · Editorial allocation: 7/2026. Added retrospectively on 13 November 2026. The allocation date is not the original publication date.

In C-788/24 of 9 July 2026, the CJEU addressed online publication of a work that is in the public domain in some Member States. Effective territorial access restrictions are central to the analysis.

Legal context

Anne Frank Fonds concerns differences in copyright protection between Member States. Free online publication where a work is in the public domain may be possible under the conditions described by the Court, despite protection elsewhere. A technologically effective geo-blocking measure is not necessarily ineffective merely because a VPN can circumvent it. The holding must be applied within its specific legal context.

Four practical examples

These illustrative scenarios are not reports of client mandates.

Digital archive

An archive checks protection by territory rather than assuming EU-wide public-domain status.

Access technology

An operator documents the blocking measure and its technical currency.

Licence territory

A publisher aligns online distribution with territorial rights.

VPN access

Possible circumvention is assessed legally rather than treated as unrestricted authorisation.

Preparing the next step

Preserve the relevant agreements, technical records and correspondence. Identify the decision required and any deadline. The legal assessment depends on the individual facts and applicable rules.

Primary source

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