CDSM Directive

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

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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…

CDSM Directive, Digital Single Market, European Union, Legislative process, Liability, Press Publishers ’ Right

(CIPIL, University of Cambridge)/ /Leave a comment

As reported in earlier posts on this blog, in a 2022 study, I examined the national implementations in the 11 Member States that had at that time transposed Article 15 (the press publishers’ right) and Article 17 (the special copyright liability regime for “online content-sharing services providers” (OCSSPs)) of the EU’s Copyright in the Digital…

CDSM Directive, France, Germany, Infringement

, (University of Bremen)/ /Leave a comment

The Digital Services Act (DSA) transparency database, while proving to be rather useless for misinformation or hate speech researchers, is very enlightening on copyright moderation.  Platform governance researchers have long suspected that YouTube is the most heavily moderated platform on copyright issues, and we now have concrete proof of this.  YouTube, to date, according to…

CDSM Directive, Contract, European Union, Press Publishers ’ Right

(CREATe, University of Glasgow)/ /Leave a comment

The discussion on creators’ remuneration is gaining momentum. The main reason: the growing popularity of generative AI and its potential to substitute human creative labour. With the current income streams in danger, new ways of remunerating creators are put forward. The most intuitive proposition is that for providers of generative AI, big tech, to remunerate…

CDSM Directive, Digital Single Market, European Union, Technological measures

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

Today marks the fifth anniversary of the entry into force of the Directive on Copyright in the Digital Single Market. It is hard to remember how divisive and controversial the Directive was during its creation. The Directive’s most controversial provision – Article 17 – which brought hundreds of thousands of people onto the streets and…

Artificial Intelligence (AI), CDSM Directive

(University College Dublin)/ /1 Comment

On 7 May 2024, Open AI published its approach to data and AI (ADAI). This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. In this vision, OpenAI shares its own perception of its contribution to creative ecosystems, but also its understanding of some of the legal implications of its business…

CDSM Directive, Digital Single Market, European Union, Italy

(University of Trento) and (NOVA School of Law Lisbon)/ /Leave a comment

For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. The human right to cultural participation has become a pillar of protecting and empowering individuals and communities. At the EU level, the competence to legislate on cultural matters is mostly left to the…

AG Opinion, Artificial Intelligence (AI), CDSM Directive, Collective management, Communication (right of), European Union, Legislative process, Round-up, United Kingdom

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

Welcome to the first trimester of the 2024 roundup of EU copyright law (though with a slight delay)! In this edition, we update you on what has happened between January and March 2024 in EU copyright law. Interestingly enough, in this issue you will find quite a bit of UK policy reports. As our regular…