Enforcement

CDSM Directive, Digital Single Market, Enforcement, European Union, Infringement, Legislative process, Liability

(NORDEMANN)/ /Leave a comment

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). But first let’s take a look at Mars (the…

Enforcement, European Union, Infringement, Remedies

(University of Salerno) and (E-Lex Law Firm, Rome)/ /Leave a comment

The European Audiovisual Observatory (“EAO”) has recently published the Mapping report on national remedies against online piracy of sports content (“Report”), conducted at the request of the European Commission. Through a comparative perspective, the Report examines the scope of protection of audiovisual sports content in the national framework of the 27 EU member states and…

CDSM Directive, Digital Single Market, Enforcement, Infringement

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

For anyone interested in the discussions about automated content filtering, Christmas came early this week: On Monday YouTube published the first edition of its Copyright Transparency Report. The report that covers copyright enforcement actions on the platform for the period from January to June of this year provides much needed insights into how YouTube’s various…

Egypt, Enforcement, Infringement, Injunction, Legislative process, Liability

(Cornell Law School)/ /1 Comment

The growing proclivity of issuing “dynamic injunctions” to block the online illegal diffusion and distribution of audio-visual copyrighted content has recently caught the attention of several scholars (see here, here and here). In fact, the preventive nature of the rights involved, the need to preclude imminent damage, and the fact that most IP addresses targeted…

Case Law, CJEU, Communication (right of), Enforcement, European Union

(University of Bergen)/ /Leave a comment

On 17 June 2021, the CJEU delivered its judgment in C-597/19 Mircom. It held that uploading (including automatic uploading) of pieces of a file containing a protected work on peer-to-peer (P2P) networks infringes the making available right under article 3(1) and (2) of the InfoSoc Directive when a user actively chooses to use sharing software…

Enforcement, European Union, Infringement, Italy

(University of Milan)/ /Leave a comment

Italian case law on dynamic injunctions and the impact of piracy of live sport events In previous posts on this Blog we have analyzed some developments in Italy with regards to private and administrative enforcement against illicit distribution of copyright content over the Internet and the use of the dynamic injunction, with special focus on…

CDSM Directive, Digital Single Market, Enforcement, European Union, Exceptions and Limitations, Legislative process

(University College Dublin) and (NOVA School of Law Lisbon)/ /Leave a comment

On 4 June 202, the European Commission published its guidance on Article 17 of Directive 790/2019 on Copyright in the Digital Single Market (CDSM Directive). The guidance drew attention mainly because the Commission shifted from a position that rejected ex-ante blocking of content to a permissive take towards ex-ante blocking beyond manifestly illegal content (see…

AG Opinion, Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Communication (right of), Database right, Digital Single Market, Enforcement, European Union, Infringement, Ownership, Round-up, Software

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

In this new series we will be updating readers every three months on developments in EU copyright law. This will include Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments.   The end of 2020 Since this is the first issue of our round up, we have also…

Case Law, Enforcement, Germany

(NORDEMANN)/ /Leave a comment

Everybody on the internet needs domain names. This also true for websites which run an illegal business model dedicated to copyright infringements. Such rogue websites are also called structurally copyright infringing websites. The German highest civil court Bundesgerichtshof (“BGH”) [German Federal Supreme Court] has now held that domain registrars have duties of care to disconnect…

Enforcement, Infringement, Italy, Legislative process, Liability

(University of Milan)/ /Leave a comment

In the last few months of 2020 there have been further developments in Italy with regards to private and administrative enforcement against illicit distribution of copyright content over the Internet. 1. New Italian case law against Content Delivery Network (CDN) operators In a 2019 post on this Blog (here), we analysed the impact of illegal…