CDSM Directive

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…

Artificial Intelligence (AI), CDSM Directive, Digital Single Market, European Union

(Goethe-Universität Frankfurt am Main)/ /1 Comment

The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. In the wake of the landmark cases of Authors Guild, Inc v HathiTrust and Authors Guild, Inc v Google, Inc – or the Google Books case –, the fair use doctrine has accommodated a core principle of non-expressive use, referring…

Case Law, CDSM Directive, European Union, Germany

(NORDEMANN)/ /Leave a comment

Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law.   IV.           Copyright contract law (Sections 31 et seqq….

CDSM Directive, Legislative process, Poland

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

When life gives you lemons, make lemonade. This must have been the key insight at the Polish Culture and National Heritage Ministry when the new administration took over and discovered that more than 2.5 years after the implementation deadline, Poland still had to implement the provisions of the 2019 Copyright in the Digital Single Market…

Bulgaria, CDSM Directive, Digital Single Market, Exceptions and Limitations, Legislative process, Press Publishers ’ Right, Text and Data Mining (TDM)

(Sofia University; Digital Republic)/ /Leave a comment

More than two years after the transposition deadline, and with another infringement proceeding under its belt, Bulgaria is one of the last Member States to now implement the CDSM Directive. On the tail end of a political crisis that forced the country into multiple consecutive early general elections and led to a string of short-lived…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Text and Data Mining (TDM)

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

Arts. 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) introduced two exceptions for Text and Data Mining (TDM) in EU copyright Law. These two exceptions, despite having different objectives, share several similarities, as scholar analysis has shown. One of these common aspects is the requirement of lawful access. Only if…

CDSM Directive, Digital Single Market, European Union, Ukraine

(Federation of European Publishers (FEP))/ /1 Comment

In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. This ambitious reform sets a precedent that, given the EU’s status as the world leader in digital regulation and the resultant “Brussels Effect”, may be followed elsewhere. Book…

AG Opinion, Authorship, Case Law, CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Legislative process, Liability, Originality, Private copying, Round-up, Text and Data Mining (TDM)

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

Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active. This round up series…

CDSM Directive, European Union

(NOVA School of Law and Knowledge Rights 21)/ /Leave a comment

In a period when the COVID-19 pandemic is occupying less and less space in the daily news and in our thoughts, with the World Health Organization (WHO) having stated that it “no longer constitutes a public health emergency of international concern”, things may seem to be returning to the normal. This is, of course, a…

AG Opinion, Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Round-up

(University College London) and (Institute for Information Law (IViR))/ /1 Comment

Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You can read the previous round-ups…