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.
Order no. 2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). In a ruling of 15 November 2022, the French administrative Supreme Court annulled the transposition Order to the extent that it does…
In August 2020, a review of the Orphan Works Directive (2012/28/EU), or OWD, was initiated by the European Commission. The study concluded that the OWD has had limited practical impact, but the European Commission has not proposed any modifications to the Directive. This post provides a short introduction to the OWD, an overview of the…
The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive). This follows its decision last year to send reasoned opinions to 13…
Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. Although the implementation deadline passed in 2021, several Member States have yet to transpose the…
Launched in January 2020, the H2020 project reCreating Europe (Rethinking digital copyright law for a culturally diverse, accessible, creative Europe), is pleased to announce its final conference, which will take place in Brussels on 21-22 March 2023. Day 1 will take place at the Royal Belgian Museum of Natural Sciences, while Day 2 will be…
Introductory remarks The Greek legislator transposed Directive (EU) 2019/790 (CDSMD) with considerable delay, enacting L. 4996/2022 in November 2022 (ΦΕΚ Α´ 2022/24.11.2022), which amended the basic Greek Copyright Law (L. 2121/1993 on “Copyright, Related Rights and Cultural Matters”) as well as L. 4481/2017 on “Collective Management of Copyright and Related Rights” (ΦΕΚ Α’ 100/20.7.2017). Among…
A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. “Text and data mining” (“TDM”)…
This contribution was posted first on 17 January 2023 on The Digital Constitutionalist under the title: Safeguarding the Constitutional Role of Media as Fourth Estate of Democracy: Copyright as a Regulatory Framework for Freedom of Expression and Access to Information Online. In September 2022, the European Commission published its draft European Media Freedom Act…
Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. It…
In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). Secondly, the legislature felt obliged, in response to certain CJEU…
