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, Text and Data Mining (TDM)

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

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…

CDSM Directive, Digital Single Market, European Union, Ukraine

(Federation of European Publishers (FEP))/ /1 Comment

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…

AG Opinion, Authorship, Case Law, CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Legislative process, Liability, Originality, Private copying, Round-up, Text and Data Mining (TDM)

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

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…

AG Opinion, Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Round-up

(University College London) and (Institute for Information Law (IViR))/ /1 Comment

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…

CDSM Directive, Contract, Digital Single Market, Exceptions and Limitations, Legislative process, Liability, Portugal, Press Publishers ’ Right

(Universidade Católica Portuguesa) and (NOVA School of Law Lisbon)/ /Leave a comment

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…

Authorship, CDSM Directive, Contract, Digital Single Market, European Union, France, International Agreement, United Kingdom, USA

(Potter Clarkson LLP and King's College London)/ /1 Comment

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…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Liability

(Scuola Superiore Sant'Anna)/ /Leave a comment

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…

Contract, Digital Single Market, Exceptions and Limitations, Liability

(Scuola Superiore Sant'Anna)/ /Leave a comment

From January 2020 to July 2022, the H2020 project reCreating Europe and its teams at Scuola Superiore Sant’Anna (Pisa) and the University of Szeged performed an unprecedented mapping of EU and Member States’ sources on copyright flexibilities, focusing both on public regulatory sources (statutes, court decisions, governmental policies and practices) and on private ordering tools,…

CDSM Directive, Copyright, Digital Single Market, Exceptions and Limitations, Ireland, Legislative process, Press Publishers ’ Right

(Catolica Global School of Law, Universidade Catolica Portuguesa) and (Trinity College Dublin)/ /Leave a comment

As testified by collections such as those of Trinity College’s Old Library, copying and illustrating manuscripts by hand was such a well-developed practice among members of mediaeval religious orders in Ireland that two Christian saints – Columba and Finnian – ended up having the first recorded copyright dispute in the Western world’s history. The most…

CDSM Directive, Digital Single Market, Exceptions and Limitations, Fair Use, Greece

(Ionian University)/ /Leave a comment

Introduction In November 2022, almost 18 months after the transposition deadline, Law 4996/2022 (Of. Gov. Gaz. A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). In doing so, it amended Law 2121/1993, the…