Part 1 of this post outlined two of the three main takeaways from the Article 17 stakeholder dialogue so far. This part will cover the third of these, lack of transparency, and look ahead to the next phase of the dialogue. Lack of transparency on all sides There was finally one issue that all…

As 2020 unfolds, the European Commission’s stakeholder dialogue pursuant to Article 17 of the Directive on Copyright in the Digital Single Market (CDSM directive) enters its third (and likely final) phase. After four meetings that focussed on gathering “an overview of the current market situation as regards licensing practices, tools used for online content management…

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2020 to all of our readers, as well as reflect on developments in copyright over the past year.  Last year was another busy one in the copyright world, with a number of landmark CJEU decisions,…

The Court of Justice of the European Union (CJEU) defines the principle of cumulative protection under the systems for protection of designs and of works, in order to clarify the circumstances in which designs and models may additionally be considered a “work” and be entitled to the protection conferred by copyright under the InfoSoc Directive….

Rembrandt has been dead for 350 years. He is still admired as one of the greatest painters of all time. No wonder then, that it would be a charming idea to revive Rembrandt. “Can the great Master be brought back to create one more painting?” The answer is yes, at least for a team of…

The first part of this blogpost discussed the interpretation given to the right of phonogram producers under Article 2(c) of Directive 2001/29/EC (InfoSoc Directive) and Article 9(1)(b) of Directive 2006/115 (Rental and Lending Rights Directive) by the Court of Justice of the European Union (CJEU or Court) in Pelham. Contrary to the Opinion of Advocate…

On 17 May 2019 the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was officially published (DSM Directive). Article 17 (ex-Article 13) is one of its most controversial provisions. As discussed previously on this blog, Article 17 is an extremely complex provision: it suffers from problems of internal consistency…

Following the CJEU’s judgment of 12 September 2019, the German national related right in favour of press publishers established in 2013 is unenforceable for formal reasons. But a new related right will be introduced shortly with the implementation of the DSM Directive. The competition law issues brought up in Germany will remain for the EU…

On 29 July the Court of Justice of the European Union (CJEU) finally rendered its long-awaited judgment in Case C-476/17, Pelham v Hütter and Schneider-Esleben., together with its judgments on two other cases: Case C-516/17, Spiegel Online GmbH v Volker Beck and Case C-469/17, Funke Medien NRW GmbH v Bundesrepublik Deutschland. All three cases are…

Part I of this blogpost discussed the first paragraph of Article 17(7) DSM Directive, according to which the cooperation between online content sharing service providers (OCSSPs) and rightholders cannot render unavailable uploaded content which does not infringe copyright or neighbouring rights. Part II addresses the second paragraph of Article 17(7) which is instead addressed at…