CDSM Directive, Collective management, Digital Single Market, Italy, Legislative process, Press Publishers ’ Right

(Scuola Superiore Sant'Anna) and (University of Alicante and Scuola Superiore Sant'Anna)/ /Leave a comment

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for…

Collective management, Conference, Cyprus, European Union, Exceptions and Limitations, Exhaustion

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A conference jointly organized by the Department of Law of the University of Cyprus and the H2020 project reCreating Europe – Nicosia, 31 October – 1 November 2022     The University of Cyprus, together with the Horizon 2020 project reCreating Europe, funded by the European Commission, is conveying the conference “Rethinking copyright flexibilities”. The…

Case Law, Exceptions and Limitations, Italy, Reproduction (right of)

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On 8 February 2022, the Italian Supreme Court (the Corte di Cassazione) issued an order that intervened on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l.aut.).[1] While the outcome was foreseeable and great part of its reasoning may be embraced without criticism, the core arguments of the decision…

CDSM Directive, Conference, Digital Single Market, European Union, Exceptions and Limitations, Legislative process, Remuneration (equitable)

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To mark the deadline for the national implementation of the Directive on Copyright in the Digital Single Market (CDSMD) and present the mid-term results of its cross-disciplinary and transnational research, the Horizon 2020 project reCreating Europe is organising the web conference “The implementation of the CDSM Directive: snapshots into the future of EU copyright law”,…

Case Law, CJEU, European Union, Exhaustion, Netherlands

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One of the most awaited copyright rulings of 2019 –  Nederlands Uitgeversverbond and Groep Algemene Uitgevers v Tom Kabinet Internet BV and Others (C-263/18), on the admissibility of digital exhaustion under the InfoSoc Directive – came out on 19 December, lost in the decisions galore issued by the CJEU the last working day before the…

AG Opinion, Case Law, CJEU, Distribution (right of), European Union, Exhaustion

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On 10 September 2019, AG Szpunar delivered his opinion in Nederlands Uitgeversverbond and Groep Algemene Uitgevers v. Tom Kabinet (C-263/18), concerning the lawfulness of Tom Kabinet’s sale of second-hand e-books. The referring court asked the CJEU whether the supply of e-books by downloading for permanent use is covered by the right of distribution under Article…

Case Law, CJEU, Distribution (right of), European Union, Exhaustion, Netherlands, Reproduction (right of)

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Part 1 of this post discussed the legislative history and significance of the CJEU referral in Tom Kabinet. This part will illustrate content and implications of the three classificatory dichotomies, explain why EU copyright law needs digital exhaustion, and propose interpretative solutions for the CJEU to help with this, leveraging the occasion offered by the…

CJEU, Distribution (right of), European Union, Exhaustion, Netherlands, Reproduction (right of)

(Scuola Superiore Sant'Anna)/ /Leave a comment

After years of contradictory decisions and obiter dicta, on April 2, 2019 the CJEU held the first hearing in Tom Kabinet (C-263/18), a Dutch referral that promises to solve once and for good the question of admissibility of digital exhaustion under Art. 4(2) InfoSoc. Against the legislative silence, Tom Kabinet puts the Court at a…