Nelson Mandela said that “Education is the most powerful weapon to change the world”, but is it powerful enough to change copyright? A long-standing debate has been going on regarding the supporting, or rather, hindering role of copyright rules in educational settings. Recent developments shed new hope. With Article 5 of the CDSM Directive, the…

Welcome to the second trimester of the 2022 round up of EU copyright law! We started this rubric back in 2021. In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You…

The judgement of the European Court of Justice in case C-401/19 has hardly laid to rest the debates over the use of upload filters in automated copyright enforcement. On the contrary, by declaring Article 17 of the Directive on Copyright in the Digital Single Market compatible with the Charter, while requiring Member States to ensure…

With its landmark decision in Poland/Parliament and Council of 26 April 2022 (case C-401/19), the Grand Chamber of the Court of Justice of the European Union (CJEU) has clarified that the filtering obligations arising from Article 17(4)(b) and (c) of the Directive on Copyright in the Digital Single Market 2019/790 (“DSM Directive” or “DSMD”), are…

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for…

Last week, the European Commission sent reasoned opinions to 13 Member States (Belgium, Bulgaria, Cyprus, Denmark, Greece, France, Latvia, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden) for failure to notify the Commission of transposition measures on copyright and related rights in the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive) The CDSM Directive was published…

Part I of this post discussed Grand Chamber judgment on the validity of Article 17 CDSMD and explained the need for a more concrete strategy to meet the challenge of implementing that provision in national laws. This part II discusses the growth of public regulators as a check on the rise of private power in…

This two-part blog post offers both an evaluation of the current regulatory challenge faced by MS implementing Art. 17 CDSMD after the CJEU’s ruling in Case C-401/19, as well as a fresh perspective on tackling the implementation challenge ahead. Part I of this post provides context to our analysis, explaining the need for a more…

The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. The aim of the Data Act’s sui generis clause (art. 35) to reduce the availability of IP rights over some datasets is welcome. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States….

Article 17 is here to stay, but most national implementations fail to meet the fundamental rights standards developed by the Court in its judgment. Tuesday’s long-awaited ruling in Case C-401/19 finally brings some clarity to the almost three-year-long discussion about the implementation of Article 17 of the Copyright in the Digital Single Market Directive (DSM…