This post is a summary of an editorial forthcoming in IIC – International Review of Intellectual Property and Competition Law. A pre-print is available for free download on SSRN. Like most exceptions in the EU copyright acquis, the general parody exception in Article 5(3)(k) of the InfoSoc Directive was originally designed as optional, meaning…
This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. The first part examined the legal nature of the VSE rule, concluding that it ought to be qualified not as an ‘exception’, but as a…
By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications. By extending the rights of reproduction and…
This post is the second installment of a synopsis of the doctoral thesis the author defended at Universidade Católica Portuguesa on 25 September 2020. The thesis was recently published by Kluwer Law International, as part of its Information Law Series. The first part of this post has established the need to reform the InfoSoc framework…
This post is the first instalment of a synopsis of the doctoral thesis the author defended at Universidade Católica Portuguesa (Lisbon) on 25 September 2020. The thesis was recently published by Kluwer Law International, as part of its Information Law Series. Copyright exceptions fine-tune the reach of authors’ exclusive rights. They treat as non-infringing…
Introduction and background Case C-265/16, VCAST, concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to-air TV programmes in private cloud storage spaces. In his opinion of 7 September 2017 (discussed here), Advocate General (AG) Szpunar proposed a mixed answer to…
On 7 September 2017, AG Szpunar delivered his opinion on Case C-265/16, VCAST. The case concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to-air TV programmes in private cloud storage spaces. AG Szpunar’s proposed answer was a mixed one: while…
