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…

A group of leading international academics has published an open letter concerning the right of revocation. This new right, regulating copyright contracts, is provided for in article 22 of the recent EU Directive on Copyright in the Digital Single Market. The letter addressed to the European Commission and the relevant national authorities of EU Member States,…

By now everyone in the world must have heard of Sweden, especially European copyright lawyers. This post concerns two recent preliminary rulings from the CJEU, both at the request of Swedish courts. As both involved the communication to the public right, and both led the CJEU to pronounce the infrequently heard incantation that Article 3…