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.

Collective management, Digital Single Market, Duration, European Union, Legislative process, Performers' Rights

(Maastricht University) and (University of Alicante)/ /Leave a comment

Almost seven years ago, Directive 2011/77/EU – also called the Term Extension Directive – was passed. As mentioned in the Impact Assessment that accompanied the Proposal for the Directive, its general objective was to promote music production in the EU. The Impact Assessment also referred to specific objectives, which included contributing to enhancing the welfare…

Digital Single Market, European Union

(Liege Competition & Innovation Institute)/ /Leave a comment

People within the European Union travel more than ever before for professional or personal reasons. When they do so, the four freedoms enshrined in the TFEU guarantee that they can take with them their siblings, professional qualifications, goods and money. One of the things they could not take with them, however, was their subscription to…

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

(IViR)/ /Leave a comment

The global research community generates over 1.5 million new scholarly articles per year. Text and data mining (TDM) enables individuals to analyse such large amounts of data, to categorise that data, and to unravel the underlying patterns in order to attain new knowledge, and to create new databases. That being said, utilisation of TDM in…

Digital Single Market, European Union, Legislative process

, (Latham & Watkins LLP) and (Latham & Watkins, Belgium)/ /Leave a comment

On 27 February 2018, the European Union (EU) adopted the EU geo-blocking regulation (the Regulation), which will enter into force by the end of the year. The Regulation prohibits unjustified geo-blocking, and other forms of discrimination, based on customers’ nationality, place of residence, or place of establishment. The Regulation is particularly relevant to all businesses…

Digital Single Market, European Union, Legislative process, Making available (right of), Reproduction (right of)

(IViR)/ /Leave a comment

On 14 September 2016, a proposal for a Directive on Copyright in the Digital Single Market saw the light of day. The proposal is part of the EU copyright reform package, which has as its objective to modernise EU Copyright rules for the digital age, thereby attaining the objectives set out earlier in the Digital…

Case Law, Communication (right of), Digital Single Market, Germany, Infringement, Liability

(NORDEMANN)/ /Leave a comment

Decision of the German Bundesgerichtshof of September 21, 2017, file no. I ZR 11/16: “Vorschaubilder III” (“Thumbnails III”). In this decision, the Bundesgerichtshof (“BGH”) applies the latest CJEU case law on liability for linking, namely Svensson (C-466/12), GS Media (C-160/15), Filmspeler (C-527/15) and BREIN/Ziggo (C-610/15) to search engines and in particular to Google’s picture search….

Digital Single Market, European Union, Exceptions and Limitations, Legislative process

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The Centre for International Intellectual Property Studies (CEIPI) has just published a position paper on the proposed reform of copyright exceptions and limitations in the European Digital Single Market (DSM). The European Commission’s planned copyright reform proposes to adapt EU law to the challenges emerging in the Digital Single Market (DSM). This CEIPI Opinion does…

Digital Single Market, European Union, Legislative process

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Article 13 of the Proposed Directive on Copyright in the Digital Single Market (DSMD) and the accompanying Recital 38 are amongst the most controversial parts of the European Commission’s copyright reform package. Several Member States (Belgium, the Czech Republic, Finland, Hungary, Ireland, the Netherlands and Germany) have submitted questions seeking clarification on aspects that are…

Digital Single Market, Enforcement, Estonia, European Union, Legislative process, Remedies

(London School of Economics)/ /1 Comment

Over the course of the last couple of months, we witnessed an outburst of creativity concerning the wording of Art 13 of the Digital Single Market Directive (‘the Directive’). Last week, the Estonian Presidency tabled a compromise proposal (here – thanks to Statewatch) for the meeting of the Working Party on Intellectual Property that takes…

Case Law, CJEU, Communication (right of), Digital Single Market, European Union, Infringement

(Elzaburu)/ /1 Comment

In recent years, the Court of Justice has issued a growing number of decisions in response to questions referred for a preliminary ruling on the concept and delimitation of the right of communication to the public in the European Union.  CJEU case-law on the topic is currently overwhelming. The particular features of each of the…