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, Exceptions and Limitations, Legislative process, Text and Data Mining (TDM)

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On December 9th 2015 the Commission revealed its plans for the modernisation of copyright law. The target is to adapt copyright law to technological challenges and to make it more European, digital friendly and functional in an EU digital single market. The Commission’s strategy focuses on the three key areas which have been identified by…

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

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Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it transmits its programme-carrying signals exclusively to signal distributors without those signals being accessible to the public (the “direct injection” technique). This judgment by the European…

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

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The case of Svensson Retriever has shown that a hyperlink to a work freely available on a website accessible for all internet users is not a new communication to the public in the sense of Article 3(1) of Directive 2001/29/EC. However, the preliminary questions posed to the ECJ by an interlocutory judgment of September 30…

Case Law, Communication (right of), Digital Single Market, Enforcement, Infringement, Remedies, Software, United Kingdom

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Another blocking order in the UK, however, this time there was some complexity about the actual acts of infringement. In Twentieth Century Fox Film Corporation & Ors v Sky UK Ltd & Ors, the High Court considered the circumstances in which website blocking orders should be granted against websites facilitating the use of a “sophisticated…

Digital Single Market, European Union, Legislative process

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On May 6th, 2015 the European Commission revealed its eagerly anticipated plans for the EU digital single market. The EU Digital Market strategy, which aims to open up digital opportunities for individuals and businesses and enhance Europe’s position as a world leader in the digital economy, is built on three pillars: (1) better access for…

Belgium, Case Law, Collective management, Communication (right of), Digital Single Market, Making available (right of)

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On the 13th March 2015, the President of the Brussels French speaking Court of First Instance pronounced a judgment to the detriment of Sabam, an important collective management organisation in Belgium. In 2011 Sabam decided to claim a fee from Internet access providers in exchange for a licence which allows these providers to communicate copyright…

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

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On 26 March, the Court of Justice of the European Union (CJEU) handed down Case C-279/13 C More Entertainment, the latest decision regarding the right of communication to the public in the context of websites providing links to content. In this particular case, C More provided live broadcasts of ice hockey matches on the Internet for payment of…

Authorship, Case Law, Digital Single Market, European Union, Germany, Infringement, Jurisdiction, Making available (right of)

(Institute of Legal Informatics, Leibniz Universität Hannover)/ /Leave a comment

“What has not been clarified though is the aspect of unfair competition.” On 21st of October 2014 the Court of Justice of the European Union delivered its order in a preliminary ruling procedure (C-348/13), which was referred to the CJEU by the German Federal Court of Justice (BGH) in May 2013.  As yet, only the…

Digital Single Market, European Union, Jurisdiction, Legislative process

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“Every day citizens here in the Netherlands and across the EU break the law just to do something commonplace. And who can blame them when those laws are so ill-adapted.” Speech Neelie Kroes, vice-president of the European Commission, delivered at the opening of Information Influx, the 25th anniversary conference of the Institute for Information Law…

Case Law, Digital Single Market, European Union, Infringement, Making available (right of)

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“In other words, the initial communication by the copyright holder already encompassed the potential public that subsequently accessed the content via the links” The long-awaited judgment of the CJEU in the Svensson case, judgment of 13 February 2013 in (C-466/12). The legal definition of internet links has been a widely-discussed subject in recent times, pitting…