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…
Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. This has caused extensive debates on the national level comparable to the debate that took place when Art. 17 DSM Directive was introduced in 2019. But…
On 3 June 2021, the CJEU handed down its judgment in CV-Online Latvia v Melons (with Ilešič as a reporting judge), a case involving Melons’ infringement of CV-Online Latvia’s database of job advertisements arguably protected by the sui generis right. The facts of the case are expertly described by Tatiana Synodinou in her comment on the…
To mark the deadline for the national implementation of the Directive on Copyright in the Digital Single Market (CDSMD) and present the mid-term results of its cross-disciplinary and transnational research, the Horizon 2020 project reCreating Europe is organising the web conference “The implementation of the CDSM Directive: snapshots into the future of EU copyright law”,…
On June 7th, two years after its adoption, the deadline for implementing the DSM Directive finally expired. While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed,…
Introduction The long-awaited European Commission Guidance on art. 17 of the Copyright in the Digital Single Market Directive (CDSMD) was finally published on 4 June 2021, a mere working day before the transposition deadline of 7 June. Since then, there have already been several pieces published weighing in on the Guidance’s merits and shortcomings (mostly…
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…
The European Commission has published its long overdue guidance on the application of art. 17 of the Directive on Copyright in the Digital Single Market (CDSMD), a mere three days before the implementation deadline. The final version of the guidance makes it clear that the Commission has abandoned the position it held before the CJEU…
Copyright law continues to confront an age-old question: how to best balance copyright interests? This year marks the 20-year anniversary of the Information Society Directive meant to provide a harmonised framework for digital copyright in the EU. This balancing act has proved more complex as technology developed and inherent flaws within the framework became more…
This blog looks at Article 15 of the (Directive on Copyright in the Single Digital Market (CDSM Directive), the press publishers’ right. Article 15, as regular readers of this blog will recall from this, and this, and this, and this post, creates a right ancillary to copyright that benefits some publishers. It is triggered when…
