European Union

CDSM Directive, Digital Single Market, European Union, Legislative process, Press Publishers ’ Right

(CIPIL, University of Cambridge)/ /Leave a comment

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). In a report published in September 2022, I undertook research into the…

Authorship, CJEU, European Union, Originality, Subject matter (copyrightable), United Kingdom

(University of Sussex)/ /4 Comments

Children provide a unique contribution to the discourse on creativity, copyright and intellectual property. From their ability to engage with colours and sounds as babies to the rich and extensive portfolio of works they create during their school years, children are constantly engaging in the process of authorship. A systematic study on the copyright of…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Liability

(University of Liverpool)/ /Leave a comment

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s third session “Beyond the Judgement: The Future…

CJEU, Digital Single Market, European Union, Jurisdiction, Poland

(School of Law and Government, Dublin City University)/ /Leave a comment

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s third session “Beyond…

CDSM Directive, CJEU, Digital Single Market, European Union, Exceptions and Limitations, Liability

(Universidade Católica Portuguesa)/ /Leave a comment

This post is a summary of an editorial forthcoming in IIC – International Review of Intellectual Property and Competition Law. A pre-print is available for free download on SSRN.   Like most exceptions in the EU copyright acquis, the general parody exception in Article 5(3)(k) of the InfoSoc Directive was originally designed as optional, meaning…

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

(Stockholm University)/ /1 Comment

  COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s first session…

CDSM Directive, Conference, Digital Single Market, European Union, Germany, Infringement, Jurisdiction, Liability

(Goethe University Frankfurt am Main)/ /Leave a comment

    COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the copyright directive. This blog post is the author’s contribution to the conference’s first session “Fragmentation or Harmonisation? The impact of the Judgement…

Conference, European Union

(Scuola Superiore Sant'Anna)/ /Leave a comment

On 31 October and 1 November 2022, the Department of Law of the University of Cyprus, together with Scuola Superiore Sant’Anna (Pisa) and the H2020 project reCreating Europe will host the conference “Rethinking copyright flexibilities”. The event aims to critically discuss the present and future of copyright flexibilities in EU copyright law. It explores their…

Digital Single Market, European Union

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

This is the second of a set of two blog posts (see Part 1 here) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. It discusses the concept of overriding mandatory provisions and its potential application to relevant rules of (copyright) contract…

Digital Single Market, European Union

(KU Leuven Centre for IT & IP Law)/ /1 Comment

The online exploitation of content protected by copyright inherently entails cross-border aspects. Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. It makes commercial sense for parties to leverage their relative bargaining position to impose…