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.

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…

CJEU, Communication (right of), Digital Single Market, European Union, Exceptions and Limitations, Legislative process, Liability, Making available (right of)

(Franklin Pierce Center for IP, Univ. of NH)/ /Leave a comment

In the current debates on the ‘value gap’ provisions in the European Commission’s DSM proposal (Art. 13 and Recital 38, see here and, e.g., here), it has been suggested that these provisions would modify the current scope of the exclusive right of communication /making available to the public and the liability exemptions of the E-commerce…

Canada, CJEU, Conference, Digital Single Market, European Union, France, Legislative process, Switzerland, USA

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From the Celestial Jukebox to AI. We have now reached the “Celestial Jukebox” predicted by Prof. Goldstein,[1] and have even gone well beyond with the rise of Machine Learning and Artificial Intelligence. These key issues were at the heart of the annual IP conference organised by the University of Geneva on February 22, 2017 (programme…

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

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The right of communication to the public has proved to be one of the most intriguing concepts of EU copyright law. The CJEU has had to decide on its scope of application in a variety of cases both in the analogue (See the seminal SGAE case C-306/05) and in the digital world (See: Svensson case…

Digital Single Market, European Union, Legislative process

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Recent developments on portability On November 28th 2016 the Working Group on Intellectual Property Rights and Copyright Reform established by the Committee on Legal Affairs of the European Parliament issued a Report with possible amendments to the European Commission’s draft Proposal for a Regulation on ensuring the cross-border portability of online content services in the…

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

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

As has by now been extensively reported, on 14th September the European Commission released its new copyright reform package. Prominent within this is its proposal for a new Directive on Copyright in the Digital Single Market. The proposal contains an array of controversial offerings, but from the perspective of this intermediary liability blogger, the most…

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

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Recently, the Commission published a draft of the Commission’s impact assessment “on the modernisation of EU copyright rules”  and a draft for a new directive “on copyright in the Digital Single Market” were leaked. Yesterday, the Commission launched the long-awaited proposal for this directive, which includes an exception for reproductions made by research organisations to…

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

(Institute of Intellectual Property Law, Jagiellonian University Kraków)/ /Leave a comment

GS Media – the questions The ‘linking saga’ initiated by the Svensson decision of the CJEU back in 2014 has taken a new turn with today’s GS Media judgment. Of course, it would be more appropriate to call it a ‘communication to the public’ saga, but I suspect that the origin of the Svensson decision…