CDSM Directive

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

(Washington College of Law), (Luiss Guido Carli University), and (Institute for Information Law (IViR))/ /Leave a comment

Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We and other members of the Global Expert Network on Copyright User Rights contributed…

CDSM Directive, Digital Single Market, European Union, France, Legislative process, Press Publishers ’ Right, Remuneration (equitable)

(REALEX)/ /Leave a comment

Overview After fierce lobbying, European press publishers, backed by the French government, obtained the much criticized press publishers’ right (see e.g. here; here; and here) in Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive). The objective of this new right is to allow the media…

CDSM Directive, Digital Single Market, European Union, Germany

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

A year after the adoption of Directive 2019/790 on copyright and related rights in the Digital Single Market, many questions about its compatibility with fundamental rights remain unanswered. Germany, the epicenter of public protests against the directive’s most controversial provisions, is also the origin of frequent fundamental rights-related requests for preliminary rulings on EU copyright…

Case Law, CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Liability, Netherlands

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

On 12 June 2019, the High Court of the Netherlands referred four questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling. The questions concern an ongoing battle between Stichting Brein, a Dutch anti-piracy organisation representing movie and music industries, and NSE (News-Service.com), an online platform for Usenet services. Stichting…

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

(UCL Centre for Blockchain Technologies)/ /Leave a comment

Impartial observers of the 2018-19 debates around the new European Directive on Copyright must have been mystified. They were used to the acrimonious disputes between lobbies representing conflicting short-term economic interests. No surprise there. The shock came from elsewhere; from citizen reactions, community responses and societal questions. What if these reactions, responses and questions were…

Brexit, CDSM Directive, Digital Single Market, European Union, Legislative process, United Kingdom

(CREATe, University of Glasgow)/ /1 Comment

Here we have it. The first instance of regulatory divergence. The UK is leaving the European Union, and already the rules of the single market are starting to break. In response to a parliamentary question by Labour MP Jo Stevens, Intellectual Property Minister Chris Skidmore said on 21 January that the UK Government had no…

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

(iRights.info)/ /Leave a comment

Part I of this post discussed the current position of host providers and the changes that will be brought about by Article 17. Part II addresses the major problems in relation to Article 17 and how it should be implemented to try and minimize these. The host provider privilege as a safeguard for a diverse…

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

(iRights.info)/ /Leave a comment

On July 6, the EU adopted the Directive on Copyright in the Digital Single Market (DSM Directive), following heated discussions of Articles 15 (formerly 11) and 17 (formerly 13) in particular. In Germany, tens of thousands of people took to the streets to demonstrate against the planned legislation in the lead-up to the vote in the European Parliament…

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

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

Part 1 of this post outlined two of the three main takeaways from the Article 17 stakeholder dialogue so far. This part will cover the third of these, lack of transparency, and look ahead to the next phase of the dialogue. Lack of transparency on all sides There was finally one issue that all stakeholders…

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

(Institute for Information Law (IViR))/ /5 Comments

As 2020 unfolds, the European Commission’s stakeholder dialogue pursuant to Article 17 of the Directive on Copyright in the Digital Single Market (CDSM directive) enters its third (and likely final) phase. After four meetings that focussed on gathering “an overview of the current market situation as regards licensing practices, tools used for online content management…