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…

EU copyright reform is upon is. Once again, the Member States will need to develop their own implementations of a new piece of European copyright law. This time, the task is far from easy. Due to political turbulence in the legislative process, the resulting text of the Directive is extremely complex. Because of this, there…

The European Parliament has just approved the new text of the copyright directive, which will now go to the Council for a final vote on April 15th, 2019. This legislation not only modifies the copyright framework as set out in the Information Society Directive (Directive 2001/29/EC) but it will also modify the liability regime as…

The use of artificial intelligence (AI) tools raises possible issues of bias, discrimination and transparency that need to be investigated by (legal) researchers. But AI tools can also support the implementation of legal principles and rules. This is the case with smart disclosure systems (SDSs). The latter refers “to the timely release of complex information…

1          Introduction The right of communication to the public (Article 3 Information Society Directive) is well-established in the Court of Justice of the European Union’s (“Court”) case-law: it no longer only encompasses more physical matters, such as broadcasting of television in hotels (SGAE, C-306/05), but also digital matters, such as linking to copyright infringing content (GS Media,…