Digital Single Market

The Digital Single Market denotes the strategy of the European Commission to ensure access to online activities for individuals and businesses under conditions of fair competition, consumer and data protection, removing geo-blocking and copyright issues.

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Hungary, Press Publishers ’ Right, Text and Data Mining (TDM)

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

Regular readers of the Kluwer Copyright Blog may already be familiar with the excellent reviews of the first two rulings on the European Union’s new text and data mining (TDM) exception – one from Germany (see the Kneschke v. LAION ruling here, here and here) and one from the Netherlands (see the DPG Media v….

CDSM Directive, Digital Single Market, Poland, Press Publishers ’ Right

(Adam Mickiewicz University in Poznań )/ /Leave a comment

This series of posts presents the implementation of the CDSM Directive in Poland and discusses some of the controversies linked to the new provisions in Polish law. The first post gave an overview of the implementation, including the new provisions on TDM and the implementation of Article 17 of the CDSM, and the second post…

Collective management, Digital Single Market, Remuneration (equitable)

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

This blogpost is part of a series marking the publication of the fourth edition of the book Collective Management of Copyright and Related Rights, edited by Daniel Gervais and João Pedro Quintais. The blogpost provides a short presentation of the authors’ chapter (with Franciska Schönherr): “Limitation-based remuneration rights as a compromise between access and remuneration…

Collective management, Contract, Digital Single Market

(Vanderbilt University Law School) and (Institute for Information Law (IViR))/ /Leave a comment

This blogpost is part of a series marking the publication of the fourth edition of the book Collective Management of Copyright and Related Rights, edited by Daniel Gervais and João Pedro Quintais. A new book, “Collective Management of Copyright and Related Rights,” edited by the two coauthors of this post and just published by Kluwer…

CDSM Directive, Digital Single Market, Poland, Remuneration (equitable)

(Jean Monnet Chair, Adam Mickiewicz University) and (Adam Mickiewicz University in Poznań )/ /Leave a comment

This series of posts presents the implementation of the CDSM Directive in Poland and discusses some of the controversies linked to the new provisions in Polish law. The first post gave an overview of the implementation, including the new provisions on TDM and the implementation of Article 17 of the CDSM. This second post discusses…

CJEU, Digital Single Market, European Union, Exceptions and Limitations, Exhaustion

(University of Cyprus)/ /Leave a comment

The concept of lawfulness in relation to user status or user acts has been gradually established in EU digital copyright law as a condition for the enjoyment of certain copyright exceptions. However, the concept has proliferated inconsistently, lacking a clear normative content and shape. There is variant terminology: “lawful acquirer of a computer program” or…

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

(Jean Monnet Chair, Adam Mickiewicz University)/ /Leave a comment

Introduction It took more than three years after the deadline to implement the CDSM Directive in Poland.  The new copyright law, the amended  Polish  Copyright and Related Rights Act of 1994, entered into force in the early autumn of 2024. Poland is the last country, after Bulgaria, to implement the CDSM Directive. During the five…

Digital Single Market, European Union, out of commerce works

(University of Cyprus)/ /Leave a comment

Digitalization has transformed the way in which we obtain access to copyright-protected content and for how long we can preserve access. Traditionally, the purchase of the tangible copy of a work afforded the buyer or every lawful acquirer of the tangible copy the possibility to enjoy the work as long as the physical object incorporating…

Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Exceptions and Limitations, Infringement

(Queen Mary University of London)/ /Leave a comment

Welcome back for the second part of the C-590/23 Pelham II hearing commentary. In part one (here), we covered the interpretation of pastiche. However, a very interesting topic arose in the Court’s pre-emptive questions, and during the oral questions: the interaction of “pastiche” with Article 17 CDSM Directive. This was not originally part of the…

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

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

Introduction The 2019 Copyright in the Digital Single Market (DSM) Directive is a complex legislative text that raises several questions of legal interpretation. Increasingly, these questions are making their way to national courts. A recent example is the Dutch case ruled upon by the Amsterdam District Court (“the court”) on 30 October 2024. The plaintiffs…