CDSM Directive

CDSM Directive, European Union, Fair Use, Infringement, Text and Data Mining (TDM), United Kingdom, USA

(Institute for Information Law (IViR))/ /1 Comment

As generative machine learning (ML) systems become more mainstream, the discussion about copyright and ML input is back in the spotlight. At the heart of this discussion is the question of whether authors, creators, and other rightholders need to give permission before their works can be used as input for generative ML systems that produce…

CDSM Directive, CJEU, Digital Single Market, Exceptions and Limitations, Germany, Legislative process

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Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. It…

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

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In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). Secondly, the legislature felt obliged, in response to certain CJEU…

Case Law, CDSM Directive, CJEU, Collective management, Communication (right of), Design Rights, Digital Single Market, Enforcement, European Union, Liability, NFTs, Round-up

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Welcome to the fourth (and last) trimester of the 2022 round up of EU copyright law (even though slightly overdue)! While in the last three months of 2022 the CJEU was relatively quiet, the various EU policymakers have been very productive. In this series, we update readers every three months on developments in EU copyright…

Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

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As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 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 ongoing European copyright reform, a number…

CDSM Directive, Croatia, Digital Single Market, Jurisdiction, Legislative process, Press Publishers ’ Right

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Give me twenty-six soldiers of lead and I will conquer the world.   This quote is often attributed to Johannes Gutenberg, Benjamin Franklin, Karl Marx, or all of the above. Even if we cannot identify the exact author of these words, we can recognise that these three individuals all understood the power of the twenty-six…

CDSM Directive, European Union, Exceptions and Limitations

(IÉSEG School of Management, Lille-Paris)/ /Leave a comment

Part 1 of this post outlined augmented reality (AR) technology, its applications in the cultural heritage sector and its potential copyright implications. This part discusses the relevant copyright exceptions and limitations.   Exceptions enabling AR for fostering education and participation in cultural life Currently, EU law does not contain any broad clause enabling exploitations related…

CDSM Directive, CJEU, Conference, Digital Single Market, European Union

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In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”). In a report published in September 2022, I undertook research into the…

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

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

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). In a report published in September 2022, I undertook research into the…

Case Law, CDSM Directive, Digital Single Market, France, Legislative process, Remuneration (equitable)

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The Conseil d’Etat, the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. 2021-580 of 12 May 2021 (‘2021 Order’) of the French Government that implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market…