CDSM Directive

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

(REALEX)/ /Leave a comment

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…

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

(University of Liverpool)/ /Leave a comment

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s third session “Beyond the Judgement: The Future…

CDSM Directive, CJEU, Digital Single Market, European Union, Exceptions and Limitations, Liability

(Universidade Católica Portuguesa)/ /Leave a comment

This post is a summary of an editorial forthcoming in IIC – International Review of Intellectual Property and Competition Law. A pre-print is available for free download on SSRN.   Like most exceptions in the EU copyright acquis, the general parody exception in Article 5(3)(k) of the InfoSoc Directive was originally designed as optional, meaning…

CDSM Directive, CJEU, Digital Single Market, European Union, Germany, Legislative process, Liability

(Stockholm University)/ /1 Comment

  COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s first session…

CDSM Directive, Conference, Digital Single Market, European Union, Germany, Infringement, Jurisdiction, Liability

(Goethe University Frankfurt am Main)/ /Leave a comment

    COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the copyright directive. This blog post is the author’s contribution to the conference’s first session “Fragmentation or Harmonisation? The impact of the Judgement…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Remuneration (equitable)

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According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”? After the adoption of…

AG Opinion, CDSM Directive, CJEU, Design Rights, Digital Single Market, European Union, Private copying, Round-up

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

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments 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 here. CJEU…

CDSM Directive, Digital Single Market, European Union, Liability

(University of Szeged, Hungary) and (University of Szeged)/ /Leave a comment

This is not the first time that readers of the Kluwer Copyright Blog will have read about either the CDSM Directive or the reCreating Europe project. This post enriches the body of work in this area by summarizing the key findings of our two-phase empirical research on end-user flexibilities and end-user license agreements (EULAs) of…

CDSM Directive, CJEU, Conference, Digital Single Market, European Union, Exceptions and Limitations, Liability

(University College Dublin)/ /Leave a comment

This blog post is a scene-setter for the GFF/COMMUNIA conference “Filtered Futures – Fundamental Rights Constraints of Upload Filters after the CJEU Ruling on Article 17 of the Copyright Directive” taking place in Berlin on September 19, 2022. A live stream of the conference will be available here. In three sessions, contributors will be examining…

CDSM Directive, Communication (right of), Digital Single Market, European Union, Liability

(Stirling University)/ /Leave a comment

The thorny issue of internet intermediary liability seems to continue preoccupying EU policymakers. While internet intermediaries act as gatekeepers of content that is transmitted online, their services seem to attract a high number of copyright infringements. Effective and prompt solutions to combat online piracy are more than urgent. This blogpost provides a critical reflection on…