Overview After fierce lobbying, European press publishers, backed by the French government, obtained the much criticized press publishers’ right (see e.g. here; here; and here) in Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive). The objective of this new right is to allow the media…

A year after the adoption of Directive 2019/790 on copyright and related rights in the Digital Single Market, many questions about its compatibility with fundamental rights remain unanswered. Germany, the epicenter of public protests against the directive’s most controversial provisions, is also the origin of frequent fundamental rights-related requests for preliminary rulings on EU copyright…

The Spanish Supreme Court has ruled in a case concerning the infringement of copyright of a student whose professor reproduced, without the former’s consent, certain sections of the student’s research work. This case gave the Court the opportunity to analyse the issue of originality of academic works and provide guidance on authorship of a University…

On 6 August 2019 the Ondernemingsrechtbank Antwerpen (the court) submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU) on a dispute between Mircom, a company registered under Cypriot law, and Telenet, a Belgian internet service provider whose users presumably shared copyright protected works via Bit-torrent. This case…

On 12 June 2019, the High Court of the Netherlands referred four questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling. The questions concern an ongoing battle between Stichting Brein, a Dutch anti-piracy organisation representing movie and music industries, and NSE (News-Service.com), an online platform for Usenet services. Stichting…

Impartial observers of the 2018-19 debates around the new European Directive on Copyright must have been mystified. They were used to the acrimonious disputes between lobbies representing conflicting short-term economic interests. No surprise there. The shock came from elsewhere; from citizen reactions, community responses and societal questions. What if these reactions, responses and questions were…

In Anglosphere nations, the rights of creators are governed almost entirely by their contracts with investors. The US and Canada have the only (small) exceptions: US law entitles creators to terminate (most) agreements after 35 years; in Canada, rights revert automatically to heirs 25 years after the author’s death. Outside those cases, and throughout the…

On 28 March 2019, the German Federal Court (BGH) was asked to review a lower court’s decision on the legality of the unauthorised uploading of the 30 day free trial version of Microsoft software on an online trader’s website. This gave the BGH the chance to further clarify the applicability of the German Copyright Act…

Here we have it. The first instance of regulatory divergence. The UK is leaving the European Union, and already the rules of the single market are starting to break. In response to a parliamentary question by Labour MP Jo Stevens, Intellectual Property Minister Chris Skidmore said on 21 January that the UK Government had no…

Part I of this post provided an overview of the facts of the case and the recent opinion of AG Campos Sanchez-Bordona. Overall, the opinion is a mixed result. It makes some good points but also some ill-judged ones, and these will be explored in more detail in this post. Let us start with the positive…