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.

Artificial Intelligence (AI), CDSM Directive, Digital Single Market, European Union, Legislative process, Text and Data Mining (TDM)

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

Introduction The interaction between the AI Act (Regulation 2024/1689) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today. One particularly controversial point of intersection is the AI Act’s attempt, through recital 106, to give extraterritorial effect to its copyright-related…

Austria, Belgium, Bulgaria, Digital Single Market, European Union, France, Germany, Netherlands, Remuneration (equitable)

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

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scholarly publishing towards Open Access (OA).[1] ALLEA, therefore, welcomes the recognition in the laws of an increasing number of European countries of so-called ‘Secondary Publication Rights’ (SPRs) that allow publicly funded researchers to…

AG Opinion, Artificial Intelligence (AI), Case Law, CJEU, Digital Single Market, Round-up, Text and Data Mining (TDM)

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

Now that the summer is formally over it is time for the third trimester of the 2024 roundup of EU copyright law. In this edition, we update you on what has happened between July and September 2024 in EU copyright law – all the way from the CJEU, through Advocate General (AG) Opinions, to important…

CDSM Directive, Digital Single Market, European Union, Legislative process, Liability, Press Publishers ’ Right

(CIPIL, University of Cambridge)/ /Leave a comment

As reported in earlier posts on this blog, in a 2022 study, I examined the national implementations in the 11 Member States that had at that time transposed Article 15 (the press publishers’ right) and Article 17 (the special copyright liability regime for “online content-sharing services providers” (OCSSPs)) of the EU’s Copyright in the Digital…

CDSM Directive, Digital Single Market, European Union, Technological measures

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

Today marks the fifth anniversary of the entry into force of the Directive on Copyright in the Digital Single Market. It is hard to remember how divisive and controversial the Directive was during its creation. The Directive’s most controversial provision – Article 17 – which brought hundreds of thousands of people onto the streets and…

CJEU, Digital Single Market, European Union, Germany, Infringement

(Sciences Po Law School, France), (University of Szeged, Hungary), (University College Dublin), and (Scuola Superiore Sant'Anna)/ /Leave a comment

The Court of Justice of the European Union (CJEU) is about to write yet another chapter in the never-ending, or so it seems, ‘Metall auf Metall’ saga. The facts of the case are all too familiar by now: in 2004, German band Kraftwerk took hip hop producer Moses Pelham to court for copyright infringement after…

CDSM Directive, Digital Single Market, European Union, Italy

(University of Trento) and (NOVA School of Law Lisbon)/ /Leave a comment

For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. The human right to cultural participation has become a pillar of protecting and empowering individuals and communities. At the EU level, the competence to legislate on cultural matters is mostly left to the…

Artificial Intelligence (AI), CDSM Directive, Digital Single Market, European Union

(Goethe-Universität Frankfurt am Main)/ /1 Comment

The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. In the wake of the landmark cases of Authors Guild, Inc v HathiTrust and Authors Guild, Inc v Google, Inc – or the Google Books case –, the fair use doctrine has accommodated a core principle of non-expressive use, referring…

Contract, Digital Single Market, United Kingdom

(University of Glasgow)/ /Leave a comment

Recently, the EU Parliament adopted a resolution calling for new rules to ensure a fair and sustainable music streaming sector for creators. This shows how music creators’ demands for fair remuneration are far from resolved, despite the EU’s efforts to empower them through the adoption of Articles 18 to 22 of the Copyright in the…

Bulgaria, Digital Single Market

(Sofia University; Digital Republic)/ /1 Comment

In recent years, a so called ‘Secondary Publication Right’ (SPR) has been adopted in a number of European countries and become a policy hot topic at the EU level. The term encompasses a variety of special regimes empowering (or obliging) authors to retain some of the usage rights over their publicly funded works vis-à-vis scientific…