CDSM Directive

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Neighbouring rights, Press Publishers ’ Right

(Universidade Católica Portuguesa)/ /Leave a comment

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications. By extending the rights of reproduction and…

CDSM Directive, Digital Single Market, Exceptions and Limitations, Jurisdiction, Text and Data Mining (TDM), United Kingdom

(University College London) and (The University of Nottingham)/ /Leave a comment

  Running from 29 October 2021 to 7 January 2022, the “Artificial Intelligence and IP: copyright and patents” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here). The consultation sought views on the prospects for facilitating patent and copyright protections for “inventions…

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

, (NORDEMANN)/ /Leave a comment

At the time that Directive 2019/790/EU (DSM Directive) was being developed, much media attention was focussed, over a period of many months, on the liability of online content sharing service providers for content uploaded by their users. Initially in Art. 13 and ultimately in Art. 17 of the DSM Directive, the Directive stipulates that online…

CDSM Directive, Digital Single Market, European Union, Jurisdiction, Liability

(Luiss Guido Carli University) and (University College Dublin)/ /Leave a comment

Fundamental Rights are the constants in many constitutional orders. They provide stability, continuity in values and encapsulate the normative skeleton of a society. Especially in times of change, they serve as guiding principles for citizens, governments and, if push comes to shove, the judiciary. Amongst the many examples in which fundamental rights have demonstrated their…

CDSM Directive, Digital Single Market, European Union, Jurisdiction, Liability

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

At the beginning of 2021, half a year before the implementation deadline of the DSM directive, only a single EU member state (the Netherlands) had passed a full implementation of the DSM directive. By the date of the implementation deadline a mere three Member States had fully implemented the directive, and by the end of…

CDSM Directive, Digital Single Market, Enforcement, European Union, Infringement, Legislative process, Liability

(NORDEMANN)/ /Leave a comment

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). But first let’s take a look at Mars (the…

CDSM Directive, Digital Single Market, European Union, Jurisdiction, Liability

(Goethe-Universität Frankfurt am Main), (London School of Economics), (CREATe, University of Glasgow), (University of Szeged, Hungary), and (Institute for Information Law (IViR))/

On 15 December 2020, the European Commission submitted a proposal for a Regulation on a Single Market For Digital Services (Digital Services Act, DSA) and amending Directive 2000/31/EC. In November 2021, the Council of the European Union reached agreement on an amended version of this proposal, and on 20 December 2021, the European Parliament’s Committee…

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

/ /1 Comment

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2022 to all of our readers, as well as reflect on developments in copyright over the past year. Despite its challenges, last year was another busy one in the copyright world, with ongoing European copyright…

CDSM Directive, Digital Single Market, Enforcement, Infringement

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

For anyone interested in the discussions about automated content filtering, Christmas came early this week: On Monday YouTube published the first edition of its Copyright Transparency Report. The report that covers copyright enforcement actions on the platform for the period from January to June of this year provides much needed insights into how YouTube’s various…

CDSM Directive, Digital Single Market, Germany, Hungary, Italy, Jurisdiction, Legislative process, Sweden

(University of Szeged, Hungary), (Institute of International Law, Intellectual Property and Technology Law, TU Dresden), (NOVA School of Law Lisbon), and (Institute for Information Law (IViR))/ /Leave a comment

Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). The transposition deadline has now passed. As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD)….