AG Opinion, CDSM Directive, Digital Single Market, European Union, Jurisdiction, Legislative process

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Last week saw the long-awaited publication of Advocate General Saugmangsgaard Øe’s opinion on the Polish request for annulments of parts of Article 17 of the Directive on Copyright in the Digital Single Market (DSM Directive) before the European Court of Justice (Case C-401/19). While Bernd Justin Jütte and Giulia Priora have already analyzed the opinion’s…

Digital Single Market, European Union, Legislative process

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The European Commission has published its long overdue guidance on the application of art. 17 of the Directive on Copyright in the Digital Single Market (CDSMD), a mere three days before the implementation deadline. The final version of the guidance makes it clear that the Commission has abandoned the position it held before the CJEU…

AG Opinion, Case Law, CJEU, Digital Single Market, European Union

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In May 2019 right after the adoption of the Copyright in the Digital Single Market Directive, the Polish Government initiated a legal challenge before the Court of Justice of the European Union (CJEU) requesting the annulment of (parts of) Article 17. The Polish challenge claims that the application of the filtering obligations contained in Article…

CDSM Directive, Digital Single Market, European Union, Legislative process

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Today, the French Government presents the second report on content recognition tools on digital sharing platforms commissioned by the Conseil Supérieur de la Propriété Littéraire et Artistique (High Council for literary and artistic property – CSPLA). The new CSPLA report, authored by Jean-Philippe Mochon (who had also authored the previous report on content recognition tools),…

CDSM Directive, Digital Single Market, European Union, Legislative process

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Part 1 of this post summarised the conclusion of the European Commission’s stakeholder dialogue on the implementation of Article 17 and the presentation of the German proposal in a user rights preserving way. It concluded with the Commission’s targeted consultation on the implementation of Article 17 which gave a first glimpse of the Commission’s own…

CDSM Directive, Digital Single Market, European Union, Legislative process

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It is less than five months until the implementation deadline for the 2019 Copyright in the digital single market directive (DSM Directive). So far, the pace of implementation has been relatively slow (no doubt at least in part due to the massive challenges that governments and the cultural sector are facing as a result of…

CDSM Directive, Digital Single Market, Finland, Legislative process

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On Monday, the Finnish Ministry of Education and Culture held a public hearing on the implementation of Article 17 of the Copyright Directive. As part of this meeting, the Ministry outlined its proposal for a user rights-preserving “blocking procedure” that substantially deviates from all other implementation proposals that we have seen so far. The procedure…

AG Opinion, CDSM Directive, CJEU, Digital Single Market, Poland

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On Tuesday, November 10, the Court of Justice of the European Union (CJEU or Court) heard case C-401/19. This case is a request by the Polish government to annul the filtering obligation contained in Article 17 of the Copyright in the Digital Single Market (DSM) Directive on the grounds that it will lead to censorship…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Hungary, Legislative process

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Last Tuesday, Hungary somewhat unexpectedly became the second EU member state to implement part of the Copyright in the Digital Single Market (CDSM) Directive into national law, after France, which implemented Article 15 (the new press publishers’ right) back in October last year. Hungary has now passed a law implementing Article 5 of the DSM…

CDSM Directive, Digital Single Market, European Union, Legislative process

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Part 1 of this post outlined two of the three main takeaways from the Article 17 stakeholder dialogue so far. This part will cover the third of these, lack of transparency, and look ahead to the next phase of the dialogue. Lack of transparency on all sides There was finally one issue that all stakeholders…