Josef K. was minding his own business when one morning, even though he knew he had done nothing wrong, he was arrested. This was the beginning of his trial. In his masterpiece entitled The Trial, Franz Kafka tells, among many things, the story of a man trying to interact with a preposterous system of justice….

The new Colombian Copyright Act bill brings different and important modifications. The following points explain the most significant changes: Copyright Duration has Increased for Legal Persons: The copyright and neighboring rights duration for legal persons has increased from 50 to 70 years. The 70-year term is counted from the year following the date of publication,…

1. Introduction In September 2016, the European Commission published its proposal for a new Directive on Copyright in the Digital Single Market, including its controversial draft Article 13. The main driver behind this provision is what has become known as the ‘value gap’, i.e. the alleged mismatch between the value that online sharing platforms extract…

According to the Vienna Commercial Court, YouTube is not a mere host provider. Host providers are privileged, and shall not be liable for information stored if the provider does not have actual knowledge of illegal activity or information, and the provider immediately removes or blocks information when it becomes aware of the illegal content. According…

On 18 July, the High Court (Arnold J) in The Football Association Premier League Ltd v British Telecommunications Plc & Ors [2018] EWHC 1828 (Ch) granted an extension of a 2017 order requiring BT and others to block access to streaming services which gave unauthorised access to live Premier League football matches during the 2018/19…

Internet access providers should be compensated for website blocking requested by IP right owners. In a nutshell, this is what the Supreme Court of the United Kingdom ruled back in June. The entire saga, however, has much wider implications and should be properly considered beyond the UK borders. Background The Cartier case arose from a…

The debate on Art. 13 Draft DSM Directive has gained speed, after the Commission’s initial 2016 proposal was supplemented by the Council’s proposal of May 25, 2018, and after the European Parliament’s JURI Committee on June 20, 2018 also voted on an own proposal for Art. 13 Draft DSM Directive. The plenary vote is due…

Website blocking injunctions have been available in European countries for some years now. In the UK, the first case was brought in 2010 by a group of US movie studios against BT to block access to the Newzbin website. Since then, blocking injunctions have become popular in a number of EU countries, especially after their…

The European Union is working on a dramatic change to the regime that governs the liability of online intermediaries established with the E-Commerce Directive (Directive 2000/31/EC). Art. 14 offered a safe harbour for hosting service providers who do not have actual knowledge of infringing content and who, on obtaining such knowledge, act “expeditiously to remove…

A recent decision of the Munich Regional Court marks the first-ever blocking order in Germany against a copyright infringing website (judgment of 1 February 2018 – BeckRS 2018, 2857; English translation available here). If confirmed by higher courts (the judgment is subject to ongoing appeal proceedings), the decision will indeed have paved the way for…