European Union

CDSM Directive, Digital Single Market, European Union, Legislative process, Remuneration (equitable)

(University of Cambridge)/ /Leave a comment

In Part I of this two-part post on Chapter 3 of the new Copyright Directive, I argued that Articles 18-23 were well-intentioned. It is now up to Member States to send clear signals of support to their creative community by not rendering these provisions ineffective. In addition, while there is ample opportunity to harmonise creator-protective…

CDSM Directive, European Union, Legislative process

(University of Cyprus)/ /Leave a comment

Articles 8-11 of the Directive on Copyright in the Digital Single Market (CDSM) aim to establish a clear framework for the digitisation and dissemination, including across borders, of works or other subject matter that are considered to be out of commerce. Mass digitisation and the making available online of copyright protected content brought new dimensions…

CDSM Directive, Digital Single Market, European Union, Legislative process, Text and Data Mining (TDM)

(Institute for Information Law (IViR))/ /Leave a comment

Art. 2(2) of the DSM Directive defines ‘text and data mining’ as “any automated analytical technique aimed at analysing text and data in digital form in order to generate information which includes but is not limited to patterns, trends and correlations”. Text and data mining (TDM) generally refers to the computer-based analysis of large bodies…

CDSM Directive, Digital Single Market, European Union, Legislative process, Remuneration (equitable)

(University of Cambridge)/ /Leave a comment

Chapter 3 of Title IV of the Directive encompasses a set of six articles specifically directed at authors and performers (henceforth ‘creators’). For many industry stakeholders, this set of articles goes hand in hand with the controversial article 17 (most recently discussed on the blog here, here and here). In conversation with Crispin Hunt, Chair…

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

(Institute for Information Law (IViR))/ /Leave a comment

According to Article 14 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive), “when the term of protection of a work of visual art has expired, any material resulting from an act of reproduction of that work is not subject to copyright or related rights, unless the material…

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

(Department of Business Law, Lund University)/ /Leave a comment

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…

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

(University College Dublin)/ /Leave a comment

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…

CDSM Directive, Digital Single Market, European Union, Legislative process, Press Publishers ’ Right

(Institute for Information Law (IViR))/ /Leave a comment

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…

Digital Single Market, European Union, Legislative process

(London School of Economics) and (CREATe, University of Glasgow)/ /Leave a comment

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…