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…

Having established in part 1 of this blog post that Article 17 will place significant economic burdens on platforms large and small, and that those burdens create incentives for platforms to further impact the freedom of expression and information of users, we go on to examine in part 2 whether those burdens constitute a restriction…

The risk of mandatory upload filters for freedom of expression and information online has been at the core of criticisms of Article 17 of the EU Directive on Copyright in the Digital Single Market (DSM Directive). This risk is evident from numerous examples of restrictions on legitimate speech resulting from the voluntary use of such…

In AsDAV v Republic of Moldova the Second Section of the European Court of Human Rights (ECtHR) held that the uncompensated use of works by a public authority constitutes a violation of Article 1 of Protocol No. 1 to the European Convention on Human Rights (ECHR). The ECtHR found that the Moldovan Supreme Court had…

On the 16 July 2020, the Advocate General (AG) Saugmandsgaard Øe delivered his much-awaited opinion on the case of Peterson v YouTube (joined cases C-682/18 and 683/18), referred to the CJEU by the German Federal Court of Justice. Having explicitly precluded the consideration of provisions of the Copyright in the Digital Single Market (DSM) Directive…

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2021 to all of our readers, as well as reflect on developments in copyright over the past year.  Despite its challenges, last year was another busy one in the copyright world, with ongoing European copyright…

For all its hardships, the pandemic has been a fruitful time for webinars. While they are not a complete replacement for real world seminars, there is a distinct advantage to being able to attend many conferences, seminars and lectures from home and still feel part of the IP community. Here is a summary of some…

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…

Transposing Directives into national laws is a delicate balancing exercise. The potential pitfalls multiply when the Directive’s EU Official Journal translations present inaccuracies, leading to confusion at the Member State level. The translation errors in Article 17 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DCDSM) form the core…

Introduction The impact of Artificial Intelligence (AI) on intellectual property (IP) law undoubtedly ranks as one of the most-discussed topics of 2020 among legal academics and practitioners (including on this blog). Following initiatives at WIPO, the EPO and several national IPOs (including the UKIPO and the USPTO), EU institutions have now also become active in…