Communication (right of), Copyright, Digital Single Market, European Union, Germany, Legislative process

(London School of Economics) and (Institute for Information Law (IViR))/ /Leave a comment

In Part 1 of this blog post we addressed certain criticisms from our esteemed colleagues Jan Bernt Nordemann and Julian Waiblinger to our 2019 working paper and the German implementation proposal of Article 17 of the Copyright in the Digital Single Market (CDSM) Directive. In this Part 2, we argue why the latter proposal is…

Communication (right of), Copyright, Digital Single Market, European Union, Germany, Legislative process, Limitations

(London School of Economics) and (Institute for Information Law (IViR))/ /1 Comment

In a recent two part post on this blog, our esteemed colleagues, Jan Bernt Nordemann and Julian Waiblinger, argued that our 2019 working paper and the German implementation proposal reading of Article 17 Copyright in the Digital Single Market (CDSM) Directive are wrong when they treat that entire provision as lex specialis to Article 3…

Copyright, Digital Single Market, European Union, Limitations, Reproduction (right of)

(Washington College of Law), (Luiss Guido Carli University), and (Institute for Information Law (IViR))/ /Leave a comment

Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We and other members of the Global Expert Network on Copyright User Rights contributed…

CJEU, Copyright, European Union, Germany, Infringement, Limitations, Reproduction (right of)

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

The first part of this blogpost discussed the interpretation given to the right of phonogram producers under Article 2(c) of Directive 2001/29/EC (InfoSoc Directive) and Article 9(1)(b) of Directive 2006/115 (Rental and Lending Rights Directive) by the Court of Justice of the European Union (CJEU or Court) in Pelham. Contrary to the Opinion of Advocate…

Copyright, European Union, Legislative process

(Institute for Information Law (IViR))/ /Leave a comment

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…

Case Law, CJEU, Copyright, European Union, Germany, Infringement, Reproduction (right of)

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

On 29 July the Court of Justice of the European Union (CJEU) finally rendered its long-awaited judgment in Case C-476/17, Pelham v Hütter and Schneider-Esleben., together with its judgments on two other cases: Case C-516/17, Spiegel Online GmbH v Volker Beck and Case C-469/17, Funke Medien NRW GmbH v Bundesrepublik Deutschland. All three cases are…

CJEU, Conference, Copyright, European Union

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

The right to freedom of expression is of paramount importance for a democratic society. When balanced with other fundamental rights, Article 10 of the European Convention of Human Rights affords Member States a wide margin of appreciation. This margin is traditionally exercised by the national legislatures. With the extensive harmonization of copyright through EU law,…

Copyright, European Union, Legislative process

(Institute for Information Law (IViR))/ /Leave a comment

This post is part of a series on the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive). Part I of this post discussed the legislative process and Titles I through III of the CDSM Directive. This Part II will tackle the remainder of the Directive, namely its…

Copyright, European Union, Legislative process

(Institute for Information Law (IViR))/ /Leave a comment

This is the first post of a series on the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market. On 17 May 2019 the official version of the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was published in the Official Journal of the…

Case Law, CJEU, European Union, Germany, Infringement, Limitations, Reproduction (right of)

(Institute for Information Law (IViR)) and (University College Dublin)/ /2 Comments

On 12 December 2018 Advocate General (AG) Szpunar delivered his Opinion in Case C-476/17, Pelham. The case concerns the practice of sampling, i.e. the reproduction of minimal parts of a phonogram for the purposes of using it in another phonogram. As harmonized by EU law, the phonogram producer holds a related right of reproduction (Article…