When Sandro Botticelli depicted his beloved Simonetta Cattaneo de Vespucci as main character of “the Birth of Venus” back in the fifteenth century, he possibly thought she would eventually fall in love with him. She was the painter’s very first love and was perhaps the most beautiful Italian lady of those times. Yet, she kept…

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s third session “Beyond the Judgement: The Future…

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s third session “Beyond…

This post is a summary of an editorial forthcoming in IIC – International Review of Intellectual Property and Competition Law. A pre-print is available for free download on SSRN.   Like most exceptions in the EU copyright acquis, the general parody exception in Article 5(3)(k) of the InfoSoc Directive was originally designed as optional, meaning…

  COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s first session…

    COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the copyright directive. This blog post is the author’s contribution to the conference’s first session “Fragmentation or Harmonisation? The impact of the Judgement…

This is the second of a set of two blog posts (see Part 1 here) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. It discusses the concept of overriding mandatory provisions and its potential application to relevant rules of (copyright) contract…

The online exploitation of content protected by copyright inherently entails cross-border aspects. Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. It makes commercial sense for parties to leverage their relative bargaining position to impose…

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”? After the adoption of…

Welcome to the third trimester of the 2022 round up of EU copyright law! 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 can read the previous round-ups here. CJEU…