The right of communication to the public is set out in Article 3(1) of Directive 2001/29/EC (the Copyright Directive or Infosoc Directive), which requires that EU member states must provide authors with the exclusive right to authorise or prohibit any communication to the public of their works by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.
The first part of this blogpost analysed the main theoretical foundations of the AG’s Opinion in the VG Bild-Kunst case (C‑392/19). The second part focuses on the application of this theoretical background to frame links and inline (automatic) links. As will be shown, the AG has proposed a methodological model of distinction between hyperlinks on…
On September 10, 2020 the Advocate General (AG) Maciej Szpunar delivered his Opinion on the case of VG Bild-Kunst v Stiftung Preußischer Kulturbesitzanother (C‑392/19), a further case concerning the legality of linking. The assessment of linking from an EU copyright law perspective appears to be a labyrinthine legal exercise, since, following the seminal Svensson (C‑466/12)…
Part 1 of this blog post introduced the claim by rightsholders and some other commentators that Article 17 of the EU Directive on Copyright in the Digital Single Market (DSM Directive) is a mere clarification of existing Court of Justice case-law on communication to the public and intermediary liability. The second part of this blog…
EU Member States are currently grappling with the task of implementing the Directive on Copyright in the Digital Single Market (DSM Directive) into national law. The European Commission is preparing its guidance to help national legislators make sense of its most controversial part, Article 17. These legislative developments have prompted a series of remarkably similar…
In Part 1 of this blog post we addressed certain criticisms from our esteemed colleagues Jan Bernt Nordemann and Julian Waiblinger to our 2019 working paper and the German implementation proposal of Article 17 of the Copyright in the Digital Single Market (CDSM) Directive. In this Part 2, we argue why the latter proposal is…
In a recent two part post on this blog, our esteemed colleagues, Jan Bernt Nordemann and Julian Waiblinger, argued that our 2019 working paper and the German implementation proposal reading of Article 17 Copyright in the Digital Single Market (CDSM) Directive are wrong when they treat that entire provision as lex specialis to Article 3…
Summary On 30 April 2020, the German Federal Court of Justice (BGH) delivered its ruling in the ‘Metall auf Metall’ saga. It decided that the appeals court had erred in finding that reproduction of a two-second sample infringed the reproduction right of a phonogram producer before the coming into force of Directive 2001/29/EC (InfoSoc Directive)….
Part 1 of this post illustrated the criteria differentiating Article 17 of the EU Directive on copyright and related rights in the Digital Single Market (“DSMCD”) from Article 3 InfoSoc Directive and came to the conclusion that the relationship between the two provisions cannot be explained by a sui generis right, which follows its own…
Part 2 of this publication will be published on the Kluwer Copyright Blog shortly. “… [T]his Directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area, in particular Directives … 2001/29/EC.”. Art. 1(2) of the EU Directive on copyright and related rights…
German Federal Supreme Court (Bundesgerichtshof) decisions of April 30, 2020 ( I ZR 139/15 and I ZR 228/15) Recently, the German Federal Supreme Court issued press releases in two cases which are of fundamental importance for the relationship between copyright and conflicting fundamental rights. Specifically, the two cases, Funke Medien (also known as “Afghanistan Papiere”) and Spiegel…
