CDSM Directive

Artificial Intelligence (AI), CDSM Directive, CJEU, Collective management, European Union, Legislative process, Round-up, Text and Data Mining (TDM)

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

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 —…

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

(Jean Monnet Chair, Adam Mickiewicz University)/ /Leave a comment

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…

Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Exceptions and Limitations, Infringement

(Queen Mary University of London)/ /Leave a comment

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…

CDSM Directive, Education, Research

(Knowledge Rights 21, International Federation of Library Associations and Institutions)/ /Leave a comment

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…

Artificial Intelligence (AI), Case Law, CDSM Directive, European Union, Legislative process, USA

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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…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Netherlands, Press Publishers ’ Right

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

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…

Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

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

Now that 2024 is behind us, it’s time to report on the fourth trimester. Here is our final roundup of that AI-rich year. This post marks the fourth year of running this series on our blog. In it, we provide updates on key developments in EU copyright law from October to December 2024, covering everything…

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

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

Introduction The interaction between the AI Act (Regulation 2024/1689) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today. One particularly controversial point of intersection is the AI Act’s attempt, through recital 106, to give extraterritorial effect to its copyright-related…

CDSM Directive, Liability

(University of Leeds)/ /Leave a comment

Content creation on YouTube reportedly reached a new peak during the second half of 2023, meaning that the platform experienced a surge in infringing uploads on the one hand, and copyright actions by its users on the other. The platform’s automatic detection technologies have once more been put to the test, while compliance with the…

Belgium, CDSM Directive, CJEU, Collective management, European Union, Remuneration (equitable)

(IViR, University of Amsterdam)/ /Leave a comment

On 26 September 2024, the Belgian Constitutional Court referred a highly topical issue of fair remuneration of authors and performers on online streaming platforms to the Court of Justice of the EU (CJEU). The reference, which is poised to result in one of the most significant CJEU judgments in the copyright law field, concerns the…