CDSM Directive

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

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Last week, the European Commission sent reasoned opinions to 13 Member States (Belgium, Bulgaria, Cyprus, Denmark, Greece, France, Latvia, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden) for failure to notify the Commission of transposition measures on copyright and related rights in the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive) The CDSM Directive was published…

CDSM Directive, CJEU, Digital Single Market, European Union, Infringement, Liability

(Luiss Guido Carli University) and (University of Strasbourg)/ /Leave a comment

Part I of this post discussed Grand Chamber judgment on the validity of Article 17 CDSMD and explained the need for a more concrete strategy to meet the challenge of implementing that provision in national laws. This part II discusses the growth of public regulators as a check on the rise of private power in…

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

(Luiss Guido Carli University) and (University of Strasbourg)/ /1 Comment

This two-part blog post offers both an evaluation of the current regulatory challenge faced by MS implementing Art. 17 CDSMD after the CJEU’s ruling in Case C-401/19, as well as a fresh perspective on tackling the implementation challenge ahead. Part I of this post provides context to our analysis, explaining the need for a more…

AG Opinion, CDSM Directive, CJEU, Digital Single Market, European Union, Liability

(GFF (Society for Civil Rights)) and (Institute for Information Law (IViR))/ /Leave a comment

Article 17 is here to stay, but most national implementations fail to meet the fundamental rights standards developed by the Court in its judgment. Tuesday’s long-awaited ruling in Case C-401/19 finally brings some clarity to the almost three-year-long discussion about the implementation of Article 17 of the Copyright in the Digital Single Market Directive (DSM…

Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Poland

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

This morning the CJEU delivered its much awaited judgment in Case C-401/19 – Poland v Parliament and Council. In simple terms, the main issue before the Court was the validity of the preventive measures required by Article 17(4) (b) and (c) in fine in light of the right to freedom of expression and information recognized…

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

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

In this second post on the Swedish proposal for implementation of Article 17, I look at provisions explicitly concerning users of services. Whilst certain user safeguards are already embedded in the liability regime (Part 1), the Swedish Ministry of Justice goes the extra mile and proposes to comprehensively address user interests in the text of…

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

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

As promised in an earlier contribution, I will provide a more reasoned exploration of the Swedish proposal to Article 17 DSM Directive in view of the fact that the Ministry of Justice did not opt for the copy-paste implementation technique. In this first post, out of two, I will address the proposed liability regime. The…

Australia, CDSM Directive, Digital Single Market, Italy, Jurisdiction, Press Publishers ’ Right

(CREATe, University of Glasgow) and (NOVA School of Law Lisbon)/ /Leave a comment

Introduction By introducing the press publishers’ right in art. 15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. The hope was that once press publishers are recognized as rightsholders in the EU legislation, their legal…

Artificial Intelligence (AI), CDSM Directive, CJEU, Digital Single Market, European Union, Exhaustion, Round-up, United Kingdom

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

Welcome to the first trimester of the 2022 round up of EU copyright law! We started this rubric back in 2021. 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…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Finland, France, Germany, Neighbouring rights, Netherlands, Press Publishers ’ Right, Spain

(Universidade Católica Portuguesa)/ /Leave a comment

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. The first part examined the legal nature of the VSE rule, concluding that it ought to be qualified not as an ‘exception’, but as a…