This is not the first time that readers of the Kluwer Copyright Blog will have read about either the CDSM Directive or the reCreating Europe project. This post enriches the body of work in this area by summarizing the key findings of our two-phase empirical research on end-user flexibilities and end-user license agreements (EULAs) of…

This blog post is a scene-setter for the GFF/COMMUNIA conference “Filtered Futures – Fundamental Rights Constraints of Upload Filters after the CJEU Ruling on Article 17 of the Copyright Directive” taking place in Berlin on September 19, 2022. A live stream of the conference will be available here. In three sessions, contributors will be examining…

The thorny issue of internet intermediary liability seems to continue preoccupying EU policymakers. While internet intermediaries act as gatekeepers of content that is transmitted online, their services seem to attract a high number of copyright infringements. Effective and prompt solutions to combat online piracy are more than urgent. This blogpost provides a critical reflection on…

In the context of the reCreating Europe project a recent interdisciplinary report was published on Copyright Content Moderation in the EU. The report addresses the following main research question: how can we map the impact on access to culture in the Digital Single Market (DSM) of content moderation of copyright-protected content on online platforms? This…

The photographer’s mere showing of removal of embedded copyright management information (CMI) in hotel photographs is insufficient to meet the scienter requirement. The federal appeals court in Atlanta, Georgia has refused to reinstate a case brought by a photographer claiming a violation of the Digital Millennium Copyright Act (DMCA) against a hotel intermediary that provided…

As previously reported, between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The outcome of the consultation is supposed to inform the government with respect to a potential legislative reform of the UK…

The digital codes were created for functional purposes and were put together under purely mechanical rules. The digital codes sent by a pyrotechnics control system were not entitled to protection under the Copyright Act because they were no more than “an inevitable system dictated by the logic” of the setup, the U.S. Court of Appeals…

The Council of the EU has recently adopted conclusions on research assessment and implementation of open science (the ‘conclusions’). Adopted in June 2022, the three areas covered by the conclusions are: (I) Reform of research assessment systems in Europe; (II) European approach and capacities for academic publishing and scholarly communication; and (III) Development of multilingualism…