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…

Ed Sheeran’s ‘Shape of You’ was a giant hit of the last decade, a runaway success story – well almost. There is a fly in the ointment. Sami Chokri (a.k.a. Sami Switch) is claiming Sheeran and his fellow songwriters infringed his copyright, copying part of the chorus of ‘Oh Why’. You can hear the two…

  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…

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…

While EU Member States are trying to implement the press publishers’ right (also known as ‘link tax’) that was recently introduced in Art 15 of the Directive on Copyright in the Digital Single Market (DSM Directive), Australia is only just starting its policy debate on this highly contested topic. Australian media companies (or ‘press publishers’)…

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,…

On 17 May 2019 the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was officially published (DSM Directive). Article 17 (ex-Article 13) is one of its most controversial provisions. As discussed previously on this blog, Article 17 is an extremely complex provision: it suffers from problems of internal consistency…

Following the CJEU’s judgment of 12 September 2019, the German national related right in favour of press publishers established in 2013 is unenforceable for formal reasons. But a new related right will be introduced shortly with the implementation of the DSM Directive. The competition law issues brought up in Germany will remain for the EU…

Part I of this blogpost discussed the first paragraph of Article 17(7) DSM Directive, according to which the cooperation between online content sharing service providers (OCSSPs) and rightholders cannot render unavailable uploaded content which does not infringe copyright or neighbouring rights. Part II addresses the second paragraph of Article 17(7) which is instead addressed at…

Article 17 of the adopted DSM Directive requires that so-called online content-sharing service providers (OCSSPs) either obtain use licenses from rightholders or, failing that, enforce copyright ex ante by preventing uploads. At the same time, according to Article 17(7) any agreements between rightholders and OCSSPs cannot affect the availability of content created under the limitations,…