European Union

AG Opinion, Belgium, Case Law, CJEU, Design Rights, European Union, Infringement, Originality, Subject matter (copyrightable)

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Part I of this post provided an overview of the facts of the case and the recent opinion of AG Campos Sanchez-Bordona. Overall, the opinion is a mixed result. It makes some good points but also some ill-judged ones, and these will be explored in more detail in this post. Let us start with the positive…

AG Opinion, Belgium, Case Law, CJEU, Design Rights, European Union, Infringement, Subject matter (copyrightable)

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This case concerned the famous Brompton bicycle which can be folded to carry away after use (Case C‑833/18, SI, Brompton Bicycle Ltd. v. Chedech / Get2Get). The bike was once protected by a patent and, following its expiry, the defendant (Chedech/Get2Get) embarked on selling a similar bike in Belgium (the designs of the two bikes…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Infringement, Legislative process, Liability

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Part I of this post discussed the current position of host providers and the changes that will be brought about by Article 17. Part II addresses the major problems in relation to Article 17 and how it should be implemented to try and minimize these. The host provider privilege as a safeguard for a diverse…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Infringement, Legislative process, Liability

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On July 6, the EU adopted the Directive on Copyright in the Digital Single Market (DSM Directive), following heated discussions of Articles 15 (formerly 11) and 17 (formerly 13) in particular. In Germany, tens of thousands of people took to the streets to demonstrate against the planned legislation in the lead-up to the vote in the European Parliament…

CDSM Directive, Digital Single Market, European Union, Legislative process

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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 stakeholders…

CDSM Directive, Digital Single Market, European Union, Legislative process

(Institute for Information Law (IViR))/ /5 Comments

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…

CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

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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,…

Case Law, CJEU, Design Rights, European Union

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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….

Artificial Intelligence (AI), Authorship, European Union

(NORDEMANN)/ /2 Comments

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…

CJEU, European Union, Exceptions and Limitations, Germany, Infringement, Reproduction (right of)

(Institute for Information Law (IViR)) and (University College Dublin)/ /Leave a comment

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…