Forthcoming in the November 2018 issue of Communications of the ACM, a computing professionals journal, is a column entitled “Legally Speaking: The EU’s Controversial Digital Single Market Directive” by Professor Pamela Samuelson, Berkeley Law School. The editors of Communications of the ACM have given permission for this column to be pre-published for the Kluwer Copyright…

Forthcoming in the November 2018 issue of Communications of the ACM, a computing professionals journal, is a column entitled “Legally Speaking: The EU’s Controversial Digital Single Market Directive” by Professor Pamela Samuelson, Berkeley Law School. The editors of Communications of the ACM have given permission for this column to be pre-published for the Kluwer Copyright…

It is difficult to find an article on any topic in the field of intellectual property (IP) that does not call for reform. Many legislative efforts are afoot in the EU to “update” IP norms, including a proposed Directive on copyright in the Digital Single Market. The same is happening elsewhere but most of those…

While awaiting the vote (on 5 July 2018) of the European Parliament on the Legal Affairs (JURI) Committee Proposal on Article 13 of the draft Directive on Copyright in the Digital Single Market – commented on previously by Christina Angelopoulus – in this post we will focus on the Proposal agreed on by the European…

Last week, the Legal Affairs (JURI) Committee of the European Parliament voted in favour of Rapporteur MEP Axel Voss’s proposal on Article 13 of the draft Directive on Copyright in the Digital Single Market. The saga surrounding this infamous text is however far from over. A group of MEPs are currently challenging the JURI version…

The debate on Art. 13 Draft DSM Directive has gained speed, after the Commission’s initial 2016 proposal was supplemented by the Council’s proposal of May 25, 2018, and after the European Parliament’s JURI Committee on June 20, 2018 also voted on an own proposal for Art. 13 Draft DSM Directive. The plenary vote is due…

On 4 June 2018, one of the core concepts of copyright – the copyright work – was disputed at the Court of Justice of the European Union (CJEU). The “cheese battle”, which started in 2015 at the Court of First Instance in Gelderland (the Netherlands) between HEKS’NKAAS (applicant) and ‘Witte Wievenkaas’ (defendant), resulted in a…

As the jurisprudence of the European Court of Justice and ongoing discussions in the EU legislature illustrate, the economic rights granted to right holders under EU copyright law – the rights of reproduction, communication to the public and distribution – have become increasingly unpredictable. While the right of reproduction already covers almost every direct or…

Here at the Kluwer Copyright Blog we are thrilled to have had the opportunity to ask Julia Reda MEP a few questions on the controversial Proposal for a Directive on copyright in the Digital Single Market (DSM Directive). But first, some background. The original proposal was submitted in November 2016 by the Commission. The ordinary…

A full summary of this case has been published on Kluwer IP Law. The Supreme Court clarified the circumstances under which private copying levies should be paid by importers of cell phones, and reached the conclusion that if two technically independent devices have such a close connection that they together make up one device, such…