European Court of Justice decisions of July 29, 2019 (C-469/17  and C-516/17) The abuse of copyright as a “legal weapon” to suppress press reports is not a new development – for decades authors and rightholders have used their exclusive rights to prevent the publication of unpleasant information. The situation in practice The situation is always…

The turbulent relationship between copyright law and the freedoms of information and expression lies at the heart of the recent decision of the Court of Justice of the European Union (CJEU) in the case Spiegel Online GmbH v Volker Beck (C 516/17). Part I of this blogpost critically overviewed the CJEU’s main principles of analysis…

On 29 July 2019, the CJEU delivered its hotly awaited decision in the case Spiegel Online GmbH v Volker Beck (C 516/17). The decision is part of a trilogy of preliminary references raised by the German courts focusing on copyright exceptions and the interaction of copyright law with fundamental rights (Pelham, C‑476/17 and Funke Medien…

This October one year will have passed since the legal acts transposing the provisions of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled became applicable in EU Member States. Regulation 2017/1563 on the cross-border exchange between the Union and third countries of accessible…

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…

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…

On Valentine’s Day, the Higher Regional Court of Vienna (docket no 4 R 119/18a) issued a judgment on a complaint by the Austrian broadcasting company Puls 4 against YouTube, predating the much-discussed Article 17 (formerly known as Article 13) of the Copyright Directive. The petition requested aimed to prevent YouTube from making available videos containing…

Introduction: digital exhaustion One of the main limitations to the right of distribution in European copyright law is the principle or rule of exhaustion. This rule, known as the first sale doctrine in US law, means that the right of distribution is exhausted by the first sale or other transfer of ownership of a copy…

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…

On 10 January 2019, the Advocate General (AG) Szpunar delivered his opinion in the case Spiegel Online GmbH v Volker Beck (C 516/17).  Part I of this blogpost explored the AG’s stance in relation to the degree of latitude left to Member States when implementing copyright exceptions and the ambit of the news reporting exception…