On 21st October 2021, Facebook announced that it has reached an agreement with APIG, an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive. According to Facebook’s press release, the agreement “means that people on Facebook will be able…

In the midst of the economic and social paralysis arising from the COVID 19 pandemic, the tireless discipline of law has prevailed as always, if anything with increased activity. The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number…

In AsDAV v Republic of Moldova the Second Section of the European Court of Human Rights (ECtHR) held that the uncompensated use of works by a public authority constitutes a violation of Article 1 of Protocol No. 1 to the European Convention on Human Rights (ECHR). The ECtHR found that the Moldovan Supreme Court had…

As I posted previously on this blog (here), French press publishers’ unions and the news agency Agence France Presse (‘AFP’) filed a successful request for an interim injunction against Google before the French Competition Authority, in their battle to obtain remuneration for online uses of their publications (Decision 20-MC-01 of 9 April 2020). Google had been manoeuvring…

Overview After fierce lobbying, European press publishers, backed by the French government, obtained the much criticized press publishers’ right (see e.g. here; here; and here) in Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive). The objective of this new right is to allow the media…

In Part I of this two-part post on Chapter 3 of the new Copyright Directive, I argued that Articles 18-23 were well-intentioned. It is now up to Member States to send clear signals of support to their creative community by not rendering these provisions ineffective. In addition, while there is ample opportunity to harmonise creator-protective…

Chapter 3 of Title IV of the Directive encompasses a set of six articles specifically directed at authors and performers (henceforth ‘creators’). For many industry stakeholders, this set of articles goes hand in hand with the controversial article 17 (most recently discussed on the blog here, here and here). In conversation with Crispin Hunt, Chair…

The Supreme Court clarified the circumstances under which private copying levies should be paid by importers of cell phones, and reached the conclusion that if two technically independent devices have such a close connection that they together make up one device, such device could be subject to the provisions regarding private copying levies. Case date: 29…

The Tallinn Circuit Court finally and definitively determined the action in the “blank tape levy” court case. This landmark court case had been pending since February 2013, when the authors’, performers’ and phonogram producers’ collecting societies initially filed their complaint against the Government of the Republic of Estonia. During the litigation, the case was reviewed…

The Supreme Court confirmed that performing artists (performers) have a mandatory right to equitable remuneration from broadcasters or movie producers as consideration for the statutory assignment of most of their rights to broadcasters and producers.  Moreover, the Court declared that in award calculation two methods of fixing the amount of remuneration are possible: either as…