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, Legislative process

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Introduction The CDSM Directive introduces exceptions or limitations (E&L) for three different purposes. These are (as already outlined here) text and data mining (Articles 3 and 4), cross-border teaching (Article 5) and the preservation of cultural heritage (Article 6). The specific E&L are flanked by a general provision that prohibits contractual derogations from these mandatory…

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

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This post is part of a series on the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive). Part I of this post discussed the legislative process and Titles I through III of the CDSM Directive. This Part II will tackle the remainder of the Directive, namely its…

Digital Single Market, European Union, Legislative process

(London School of Economics) and (CREATe, University of Glasgow)/ /Leave a comment

The Digital Single Market is a widely shared aspiration. The recently adopted copyright reform is one of the EU’s central interventions to re-arrange online creative markets. The expectation is that the newly created rules will facilitate fairer attribution of value where it is due. Since the narrative behind the legislation was dramatic, the expectations are…

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

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In a letter dated 29 March 2019, the President of the CSPLA (‘Conseil supérieur de la propriété littéraire et artistique’), an independent body in charge of advising the French Minister of Culture on copyright law, has appointed three public institutions to submit a report on the use of recognition tools for copyright-protected content on online…

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

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This is the first post of a series on the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market. On 17 May 2019 the official version of the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was published in the Official Journal of the…

Digital Single Market, European Union, Legislative process

(London School of Economics) and (CREATe, University of Glasgow)/ /Leave a comment

EU copyright reform is upon is. Once again, the Member States will need to develop their own implementations of a new piece of European copyright law. This time, the task is far from easy. Due to political turbulence in the legislative process, the resulting text of the Directive is extremely complex. Because of this, there…

Digital Single Market, European Union, Exceptions and Limitations, Legislative process, Text and Data Mining (TDM)

, (Université Catholique de Louvain)/ /1 Comment

The use of artificial intelligence (AI) tools raises possible issues of bias, discrimination and transparency that need to be investigated by (legal) researchers. But AI tools can also support the implementation of legal principles and rules. This is the case with smart disclosure systems (SDSs). The latter refers “to the timely release of complex information…

Communication (right of), Digital Single Market, Distribution (right of), European Union, Liability, Reproduction (right of)

(University of Milan)/ /1 Comment

Introduction Cloud Services are often used for communicating, distributing and reproducing digital content, since IP based devices are nowadays a common means for exploiting such content and the IP connection between client devices and servers is made simpler with the use of virtualized resources in Cloud. We noted in a previous post (see here) that…

Case Law, CJEU, Communication (right of), Digital Single Market, European Union, Germany, Infringement, Legislative process, Liability

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1          Introduction The right of communication to the public (Article 3 Information Society Directive) is well-established in the Court of Justice of the European Union’s (“Court”) case-law: it no longer only encompasses more physical matters, such as broadcasting of television in hotels (SGAE, C-306/05), but also digital matters, such as linking to copyright infringing content (GS Media,…

Case Law, CJEU, Digital Single Market, Enforcement, European Union, Exceptions and Limitations, Germany, Infringement, Legislative process, Liability, Netherlands, Originality, Press Publishers ’ Right, Text and Data Mining (TDM)

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As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2019 to all of our readers, as well as reflect on developments in copyright over the past year.  Last year was a busy one in the copyright world, with a number of landmark CJEU decisions,…