On July 6, the EU adopted the Directive on Copyright in the Digital Single Market (DSM Directive), following heated discussions of Articles 15 (formerly 11) and 17 (formerly 13) in particular. In Germany, tens of thousands of people took to the streets to demonstrate against the planned legislation in the lead-up to the vote in the European Parliament…

Ed Sheeran’s ‘Shape of You’ was a giant hit of the last decade, a runaway success story – well almost. There is a fly in the ointment. Sami Chokri (a.k.a. Sami Switch) is claiming Sheeran and his fellow songwriters infringed his copyright, copying part of the chorus of ‘Oh Why’. You can hear the two…

  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…

As 2020 unfolds, the European Commission’s stakeholder dialogue pursuant to Article 17 of the Directive on Copyright in the Digital Single Market (CDSM directive) enters its third (and likely final) phase. After four meetings that focussed on gathering “an overview of the current market situation as regards licensing practices, tools used for online content management…

While EU Member States are trying to implement the press publishers’ right (also known as ‘link tax’) that was recently introduced in Art 15 of the Directive on Copyright in the Digital Single Market (DSM Directive), Australia is only just starting its policy debate on this highly contested topic. Australian media companies (or ‘press publishers’)…

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2020 to all of our readers, as well as reflect on developments in copyright over the past year.  Last year was another busy one in the copyright world, with a number of landmark CJEU decisions,…

1. Italian Case Law on Fast Injunctions The impact of the illegal distribution of audiovisual content is growing (see, for Italy, the report issued in 2019 by FAPAV Federation for the protection of audiovisual and multimedia content). IP enforcement is an important part of the reaction against this illegal phenomenon. In 2019, some important improvements…

On 17 September 2019, the Paris Court of First Instance (“court”) delivered its judgment in the dispute between UFC-Que Choisir (“UFC”), a consumer organisation, and a videogame distribution platform operated by Valve. Among other issues, the court was asked to decide whether subscribers to Valve’s platform should be allowed to resell videogames purchased digitally. The…

The recent decision in Warner Music & another v TuneIn Inc [2019] EWHC 2923 (ch), was the first time the English Courts have forensically assessed the implications of CJEU decisions such as GS Media and Svensson on communication to the public over the internet. Many of us have been left bemused by the concepts the…

The Court of Justice of the European Union (CJEU) defines the principle of cumulative protection under the systems for protection of designs and of works, in order to clarify the circumstances in which designs and models may additionally be considered a “work” and be entitled to the protection conferred by copyright under the InfoSoc Directive….