CDSM Directive, CJEU, Digital Single Market, Exceptions and Limitations, Germany, Legislative process

, , (NORDEMANN)/ /Leave a comment

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. It…

CDSM Directive, Digital Single Market, European Union, Germany, Legislative process, Text and Data Mining (TDM)

, , (NORDEMANN)/ /Leave a comment

In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). Secondly, the legislature felt obliged, in response to certain CJEU…

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

, (NORDEMANN)/ /Leave a comment

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…