Over the course of the last couple of months, we witnessed an outburst of creativity concerning the wording of Art 13 of the Digital Single Market Directive (‘the Directive’). Last week, the Estonian Presidency tabled a compromise proposal (here – thanks to Statewatch) for the meeting of the Working Party on Intellectual Property that takes…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs. Here are the top posts from June, July and August. Top 3 Kluwer Copyright…
Back in December last year, we reported –on this blog– on the legal vacuum left in the wake of the Spanish Supreme Court’s judgment declaring the system for financing private copying null and void. As you will recall, from 2012 to 2016 fair compensation for private copying was financed in Spain from the General State…
Two and a half years after the first draft proposal of the European Commission, and following a number of contributions from the Council, the European Economic and Social Committee and the Committee on Legal Affairs of the European Parliament (see here for a summary of the approval process), on 30th June 2017 the EU finally…
Introduction On 30th March 2017, the Regional Administrative Court of Lazio (“TAR Lazio”) had the last word, at least from a domestic perspective, on the validity of the AGCOM (Italian Communication Authority) Regulation on copyright enforcement in electronic communications networks (“AGCOM Regulation” or simply the “Regulation”). This finding of validity is the final step in…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs. Here are the top posts from March and April. Top 3 Kluwer Copyright Blog…
In the current debates on the ‘value gap’ provisions in the European Commission’s DSM proposal (Art. 13 and Recital 38, see here and, e.g., here), it has been suggested that these provisions would modify the current scope of the exclusive right of communication /making available to the public and the liability exemptions of the E-commerce…
From the Celestial Jukebox to AI. We have now reached the “Celestial Jukebox” predicted by Prof. Goldstein,[1] and have even gone well beyond with the rise of Machine Learning and Artificial Intelligence. These key issues were at the heart of the annual IP conference organised by the University of Geneva on February 22, 2017 (programme…
1. Introduction As reported previously on the Kluwer Copyright Blog, on 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 (Microsoft Mobile Sales International and others Vs MIBACT and SIAE) regarding the private copying exception in Article 5.2 b of Directive 2001/29/EC (the ‘InfoSoc Directive’). The…
The CJEU has handed down a decision which is likely to land a fatal blow to the online streaming service TVCatchUp in their long running saga with free-to-air broadcasters. Background As we reported back in 2015, this reference to the CJEU by the UK Court of Appeal followed an appeal by the claimant broadcasters against…
