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, Collective management, Digital Single Market, Italy, Legislative process, Press Publishers ’ Right

(Scuola Superiore Sant'Anna) and (University of Alicante and Scuola Superiore Sant'Anna)/ /Leave a comment

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for…

CDSM Directive, Digital Single Market, European Union, Legislative process

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Last week, the European Commission sent reasoned opinions to 13 Member States (Belgium, Bulgaria, Cyprus, Denmark, Greece, France, Latvia, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden) for failure to notify the Commission of transposition measures on copyright and related rights in the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive) The CDSM Directive was published…

CDSM Directive, CJEU, Digital Single Market, European Union, Infringement, Liability

(Luiss Guido Carli University) and (University of Strasbourg)/ /Leave a comment

Part I of this post discussed Grand Chamber judgment on the validity of Article 17 CDSMD and explained the need for a more concrete strategy to meet the challenge of implementing that provision in national laws. This part II discusses the growth of public regulators as a check on the rise of private power in…

CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process, Liability, Poland

(Luiss Guido Carli University) and (University of Strasbourg)/ /1 Comment

This two-part blog post offers both an evaluation of the current regulatory challenge faced by MS implementing Art. 17 CDSMD after the CJEU’s ruling in Case C-401/19, as well as a fresh perspective on tackling the implementation challenge ahead. Part I of this post provides context to our analysis, explaining the need for a more…

Database right, Digital Single Market, European Union, Legislative process

(The University of Nottingham), (Institute for Information Law (IViR)), (London School of Economics), and (Institute for Information Law (IViR) )/

The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. The aim of the Data Act’s sui generis clause (art. 35) to reduce the availability of IP rights over some datasets is welcome. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States….

AG Opinion, CDSM Directive, CJEU, Digital Single Market, European Union, Liability

(GFF (Society for Civil Rights)) and (Institute for Information Law (IViR))/ /Leave a comment

Article 17 is here to stay, but most national implementations fail to meet the fundamental rights standards developed by the Court in its judgment. Tuesday’s long-awaited ruling in Case C-401/19 finally brings some clarity to the almost three-year-long discussion about the implementation of Article 17 of the Copyright in the Digital Single Market Directive (DSM…

Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Poland

(Institute for Information Law (IViR))/ /Leave a comment

This morning the CJEU delivered its much awaited judgment in Case C-401/19 – Poland v Parliament and Council. In simple terms, the main issue before the Court was the validity of the preventive measures required by Article 17(4) (b) and (c) in fine in light of the right to freedom of expression and information recognized…

Artificial Intelligence (AI), Authorship, Digital Single Market, European Union, Originality

(Institute for Information Law (IViR) and Centre for International Intellectual Property Studies (CEIPI)), , (Institute for Information Law (IViR)), and (Vanderbilt University Law School)/ /Leave a comment

This post is the second instalment of an analysis of a recent report, a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the…

CDSM Directive, Digital Single Market, European Union, Legislative process, Sweden

(Institute for Information Law (IViR))/ /Leave a comment

In this second post on the Swedish proposal for implementation of Article 17, I look at provisions explicitly concerning users of services. Whilst certain user safeguards are already embedded in the liability regime (Part 1), the Swedish Ministry of Justice goes the extra mile and proposes to comprehensively address user interests in the text of…

CDSM Directive, Digital Single Market, European Union, Legislative process, Sweden

(Institute for Information Law (IViR))/ /Leave a comment

As promised in an earlier contribution, I will provide a more reasoned exploration of the Swedish proposal to Article 17 DSM Directive in view of the fact that the Ministry of Justice did not opt for the copy-paste implementation technique. In this first post, out of two, I will address the proposed liability regime. The…