On September 10, 2020 the Advocate General (AG) Maciej Szpunar delivered his Opinion on the case of VG Bild-Kunst v Stiftung Preußischer Kulturbesitzanother (C‑392/19), a further case concerning the legality of linking. The assessment of linking from an EU copyright law perspective appears to be a labyrinthine legal exercise, since, following the seminal Svensson (C‑466/12)…
The European Copyright Society (ECS) has issued a series of insightful Comments on the implementation of the CDSM Directive’s provisions, which aim to serve as guidelines for policy options for the implementation of the Directive in the Member States. Part I of this post outlined the Comments on the implementation of Articles 8 and 12,…
Almost a year has passed since the adoption of the Directive on Copyright in the Digital Single Market (CDSM) Directive on the 6th of July 2019. This marked the end of a controversial legislative process at EU level, but also the beginning of a highly demanding process of national implementation. While the Directive has to…
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…
Part I of this blogpost was dedicated to the background which led to Articles 8-11 of the CDSM and to the concept of out of commerce works. Part II critically overviews the core of the mechanisms established by the Directive. The dual regime of the Directive The crux of the provisions certainly lies in the…
Articles 8-11 of the Directive on Copyright in the Digital Single Market (CDSM) aim to establish a clear framework for the digitisation and dissemination, including across borders, of works or other subject matter that are considered to be out of commerce. Mass digitisation and the making available online of copyright protected content brought new dimensions…
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…
On 10 January 2019, the Advocate General (AG) Szpunar delivered his opinion in the case Spiegel Online GmbH v Volker Beck (C 516/17). The case 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…
As discussed in Part I of this blogpost, the CJEU in Renckhoff was called, once again, to analyse the application of copyright in relation to the use of copyright-protected works on the Internet. The Renckhoff judgment is, therefore, another addition to the complex European copyright case law construction. To date, the often tailor-made jurisprudential solutions…
