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.
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…
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…
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….
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…
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…
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…
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…
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…
Introduction By introducing the press publishers’ right in art. 15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. The hope was that once press publishers are recognized as rightsholders in the EU legislation, their legal…
Welcome to the first trimester of the 2022 round up of EU copyright law! We started this rubric back in 2021. In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You…
