Legislative process

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

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At the time that Directive 2019/790/EU (DSM Directive) was being developed, much media attention was focussed, over a period of many months, on the liability of online content sharing service providers for content uploaded by their users. Initially in Art. 13 and ultimately in Art. 17 of the DSM Directive, the Directive stipulates that online…

CDSM Directive, Digital Single Market, Enforcement, European Union, Infringement, Legislative process, Liability

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At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). But first let’s take a look at Mars (the…

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 2022 to all of our readers, as well as reflect on developments in copyright over the past year. Despite its challenges, last year was another busy one in the copyright world, with ongoing European copyright…

Artificial Intelligence (AI), Case Law, CJEU, European Union, Jurisdiction, Legislative process, Private copying, Round-up

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

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important…

CDSM Directive, Digital Single Market, Germany, Hungary, Italy, Jurisdiction, Legislative process, Sweden

(University of Szeged), (Institute of International Law, Intellectual Property and Technology Law, TU Dresden), (NOVA School of Law Lisbon), and (Lund University)/ /Leave a comment

Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). The transposition deadline has now passed. As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD)….

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

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On 11 November, the European Parliament adopted a resolution on an intellectual property action plan aimed at supporting the EU’s recovery and resilience. The recitals note the importance of balanced protection and enforcement of intellectual property rights (IPR) to the European economy as well as to the EU’s recovery and resilience, in particular to the…

European Union, Exceptions and Limitations, Legislative process

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For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This state of play was only disrupted in 2004, when Chile first proposed to WIPO’s Standing Committee on Copyright and Related Rights (SCCR) that it explore the issue of limitations…

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

(Universitat Oberta de Catalunya)/ /Leave a comment

Let’s imagine that, in the near future, the Court of Justice of the European Union (CJEU) receives a request for a preliminary ruling referring the following question: “Must Article 17(4) of Directive 2019/790 on copyright and related rights in the Digital Single Market be interpreted as precluding a national law which allows copyright holders to bring…

European Union, Legislative process

(GFF (Society for Civil Rights)) and (Institute for Information Law (IViR))/ /Leave a comment

We have recently published a white paper, authored by Julia Reda (Gesellschaft für Freiheitsrechte) and Paul Keller (Open Future) that proposes to build a public repository of Public Domain and openly licensed works. While the idea of creating repositories of Public Domain and openly licensed works is not new as such, we are proposing to…

Egypt, Enforcement, Infringement, Injunction, Legislative process, Liability

(Reed Smith LLP - Paris)/ /1 Comment

The growing proclivity of issuing “dynamic injunctions” to block the online illegal diffusion and distribution of audio-visual copyrighted content has recently caught the attention of several scholars (see here, here and here). In fact, the preventive nature of the rights involved, the need to preclude imminent damage, and the fact that most IP addresses targeted…