Introduction On 17 April the new EU Directive on copyright and related rights in the Digital Single Market (the DSM Directive) was adopted, following intense negotiations in the Council and the European Parliament. The Directive builds on a proposal put forward by the European Commission in September 2016, which itself stemmed from several studies and…

Introduction The CDSM Directive introduces exceptions or limitations (E&L) for three different purposes. These are (as already outlined here) text and data mining (Articles 3 and 4), cross-border teaching (Article 5) and the preservation of cultural heritage (Article 6). The specific E&L are flanked by a general provision that prohibits contractual derogations from these mandatory…

This post is part of a series on the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive). Part I of this post discussed the legislative process and Titles I through III of the CDSM Directive. This Part II will tackle the remainder of the Directive, namely its…

The Digital Single Market is a widely shared aspiration. The recently adopted copyright reform is one of the EU’s central interventions to re-arrange online creative markets. The expectation is that the newly created rules will facilitate fairer attribution of value where it is due. Since the narrative behind the legislation was dramatic, the expectations are…

In a letter dated 29 March 2019, the President of the CSPLA (‘Conseil supérieur de la propriété littéraire et artistique’), an independent body in charge of advising the French Minister of Culture on copyright law, has appointed three public institutions to submit a report on the use of recognition tools for copyright-protected content on online…

The Polish government has filed a complaint against the new DSM Directive, and more specifically against its art. 17. While it will be a long time until the CJ EU issues a decision, the complaint makes it likely that the battle for the rules on intermediary liability is not over; it has just been moved…

This is the first post of a series on the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market. On 17 May 2019 the official version of the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was published in the Official Journal of the…

In December, we set out our views on what would happen to copyright in the UK following Brexit – see here.   This blog is intended to provide an update in light of more recent events. On 15 January 2019, the House of Commons voted to reject the draft Withdrawal Agreement.  The Withdrawal Agreement had provided…

Back in 2016, the CJEU examined the question of whether backup copies of software could be resold, following the exhaustion of the right of distribution pursuant to the judgment in C-128/11 UsedSoft. In C-166/15 Ranks (Microsoft), the Court ruled that, although the initial acquirer of software can resell that copy and his licence, he cannot…

Using newer forms of Artificial Intelligence (AI), including General Adversarial Networks (GANs), AI machines are increasingly good at emulating humans and laying siege to what has been a strictly human outpost: intellectual creativity. AI machines have composed polyphonic baroque music bearing the “style” of J.S. Bach. “Robot reporters” routinely write news bulletins and sports reports,…