CDSM Directive

CDSM Directive, Contract, Digital Single Market, European Union, Jurisdiction, Netherlands

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

On June 7th, two years after its adoption, the deadline for implementing the DSM Directive finally expired. While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed,…

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

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

Introduction The long-awaited European Commission Guidance on art. 17 of the Copyright in the Digital Single Market Directive (CDSMD) was finally published on 4 June 2021, a mere working day before the transposition deadline of 7 June.  Since then, there have already been several pieces published weighing in on the Guidance’s merits and shortcomings (mostly…

CDSM Directive, Digital Single Market, Enforcement, European Union, Exceptions and Limitations, Legislative process

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

On 4 June 202, the European Commission published its guidance on Article 17 of Directive 790/2019 on Copyright in the Digital Single Market (CDSM Directive). The guidance drew attention mainly because the Commission shifted from a position that rejected ex-ante blocking of content to a permissive take towards ex-ante blocking beyond manifestly illegal content (see…

CDSM Directive, Digital Single Market, Germany, Jurisdiction, Legislative process

, (GFF (Society for Civil Rights))/ /Leave a comment

On 28 May the German Bundesrat approved the law transposing Directive (EU) 2019/790 on Copyright in the Digital Single Market (CDSMD), thus finalizing the national implementation process. At the core of the German transposition of the CDSMD is the “Act on the Copyright Liability of Online Content Sharing Service Providers” (Urheberrechts-Diensteanbieter-Gesetz – UrhDaG), which implements…

CDSM Directive, Digital Single Market, Italy, Legislative process

(NOVA School of Law Lisbon)/ /Leave a comment

Despite the turbulent times Italian politics have experienced in the past year – which led to a change of government in the midst of the pandemic emergency – the ball of the transposition of the CDSM Directive (CDSMD) into Italian law is still rolling. As of today, it is difficult to predict whether the deadline…

CDSM Directive, Digital Single Market, European Union

(University of Kent)/ /Leave a comment

Copyright law continues to confront an age-old question: how to best balance copyright interests? This year marks the 20-year anniversary of the Information Society Directive meant to provide a harmonised framework for digital copyright in the EU. This balancing act has proved more complex as technology developed and inherent flaws within the framework became more…

CDSM Directive, European Union, Jurisdiction, Legislative process, Press Publishers ’ Right

(City, University of London)/ /Leave a comment

This blog looks at Article 15 of the (Directive on Copyright in the Single Digital Market (CDSM Directive), the press publishers’ right. Article 15, as regular readers of this blog will recall from this, and this, and this, and this post, creates a right ancillary to copyright that benefits some publishers. It is triggered when…

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

(City, University of London)/ /Leave a comment

This blog looks at Article 15 of the (Directive on Copyright in the Single Digital Market (CDSM Directive), the press publishers’ right. Article 15, as regular readers of this blog will recall from this, and this, and this, and this post, creates a right ancillary to copyright that benefits some publishers. It is triggered when…

CDSM Directive, Exceptions and Limitations, France, Infringement

(UCLouvain)/ /Leave a comment

Until recently, the French police’s handling of the yellow vest (gilets jaunes) demonstrations was ‘only’ criticized for excessive use of force (notably by the UN Human Rights Council). The “disproportionate” police behaviour was substantiated by extensive video footage recorded by protesters. To avoid videos of their agents’ interventions being shared on social networks, however, the…

AG Opinion, Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Communication (right of), Database right, Digital Single Market, Enforcement, European Union, Infringement, Ownership, Round-up, Software

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

In this new series we will be updating readers every three months on developments in EU copyright law. This will include Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments.   The end of 2020 Since this is the first issue of our round up, we have also…