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…

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…

More than two years after the transposition deadline, and with another infringement proceeding under its belt, Bulgaria is one of the last Member States to now implement the CDSM Directive. On the tail end of a political crisis that forced the country into multiple consecutive early general elections and led to a string of short-lived…

Arts. 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) introduced two exceptions for Text and Data Mining (TDM) in EU copyright Law. These two exceptions, despite having different objectives, share several similarities, as scholar analysis has shown. One of these common aspects is the requirement of lawful access. Only if…

In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. This ambitious reform sets a precedent that, given the EU’s status as the world leader in digital regulation and the resultant “Brussels Effect”, may be followed elsewhere. Book…

Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active. This round up series…

Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You can read the previous round-ups…

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. The approved Decree-Law 47/2023 to a large extent corresponds to a legislative project (Project 52/XV), which, in turn, was a variation of a previous project (Project 114/XIV) that failed due…

Professor of Literary and Artistic Property Law at the Columbia Law School Jane C. Ginsburg recently visited London, where she delivered her lecture in memory of a well-known legal scholar – Professor William (Bill) Rodolph Cornish. Described as “an intellectual property pioneer and modern legal historian”, his untimely death in January 2022 was a blow…

The H2020 project reCreating Europe performed an unprecedented mapping of EU and Member States’ sources on copyright flexibilities. Part I of this blog post explained the mapping of EU sources and their conclusions. Part II deals with the comparative analysis of the law of all 27 Member States, with related comparative findings. The mapping of…