Regular readers of the Kluwer Copyright Blog may already be familiar with the excellent reviews of the first two rulings on the European Union’s new text and data mining (TDM) exception – one from Germany (see the Kneschke v. LAION ruling here, here and here) and one from the Netherlands (see the DPG Media v….

On the 10th of April 2025, new rules came into force as part of Elon Musk’s crackdown on impersonation accounts on X (formerly known as Twitter). Under these rules, any account that impersonates, parodies, or caricatures another comes under two requirements: first, that their username must begin with a keyword like ‘fake’ or ‘parody’; and…

This series of posts presents the implementation of the CDSM Directive in Poland and discusses some of the controversies linked to the new provisions in Polish law. The first post gave an overview of the implementation, including the new provisions on TDM and the implementation of Article 17 of the CDSM, and the second post…

This series of posts presents the implementation of the CDSM Directive in Poland and discusses some of the controversies linked to the new provisions in Polish law. The first post gave an overview of the implementation, including the new provisions on TDM and the implementation of Article 17 of the CDSM. This second post discusses…

Slightly overdue, but here comes the first roundup of 2025. The EU courts have issued just one judgment in this trimester, but to make up for it, there have been several interesting policy initiatives. As a reminder, in this post we update you on developments in EU copyright law between January and March 2025 —…

Introduction It took more than three years after the deadline to implement the CDSM Directive in Poland.  The new copyright law, the amended  Polish  Copyright and Related Rights Act of 1994, entered into force in the early autumn of 2024. Poland is the last country, after Bulgaria, to implement the CDSM Directive. During the five…

Welcome back for the second part of the C-590/23 Pelham II hearing commentary. In part one (here), we covered the interpretation of pastiche. However, a very interesting topic arose in the Court’s pre-emptive questions, and during the oral questions: the interaction of “pastiche” with Article 17 CDSM Directive. This was not originally part of the…

In the first part of this blog, we explored the structure of formalised copyright councils, finding that efforts to ensure balance between the interests of rightsholders and users were the exception not the rule. Furthermore, it was only in a small minority of cases that the representation of research was formalised. Part 2 explores experience…

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2025 to all of our readers, as well as reflect on developments in copyright over the past year. Last year was another busy one in the copyright world, with an increasing focus on the relationship…

Introduction The 2019 Copyright in the Digital Single Market (DSM) Directive is a complex legislative text that raises several questions of legal interpretation. Increasingly, these questions are making their way to national courts. A recent example is the Dutch case ruled upon by the Amsterdam District Court (“the court”) on 30 October 2024. The plaintiffs…