European Union

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

(University of Szeged, Hungary)/ /Leave a comment

Following a long and winding procedure, Directive 2019/790 on Copyright in the Digital Single Market (CDSM Directive) and the SatCab 2.0 Directive (2019/789) were adopted last year. EU Member States started the implementation at different paces. (See CREATe and Communia’s datasets on national implementations.) Following a multi-event public consultation period in autumn 2019, the Hungarian…

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

(Brinkhof)/ /Leave a comment

The first part of this series provided an introduction to the Dutch DSM copyright directive transposition bill submitted to the Dutch parliament on 15 May (operative provisions Dutch / auto-translate, explanatory memorandum Dutch / auto-translate), and a discussion of the provisions transposing Article 15 (the press publishers’ right). Part 2 continued with an analysis of…

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

(Brinkhof)/ /Leave a comment

The first part of this post provided an introduction to the DSM copyright directive transposition bill submitted to the Dutch parliament on 15 May (operative provisions Dutch / auto-translate, explanatory memorandum Dutch / auto-translate), and a discussion of the provisions transposing Article 15 (the press publishers’ right). This Part 2 continues with an analysis of…

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

(Brinkhof)/ /Leave a comment

Introduction On 15 May, the Netherlands became the first EU member state to submit a complete DSM copyright directive transposition bill to parliament.[1] Both the timing and the content of the legislative proposal show an acute desire to avoid the risk of late or incorrect transposition.[2] In the operative provisions (auto-translate) and explanatory memorandum (auto-translate),…

European Union

(Université Catholique de Louvain), (NOVA School of Law Lisbon), (University of Trento), (Institute for Information Law (IViR)), (University College Dublin), (University of Strathclyde), (Sciences Po Law School, France), and ( Scuola Superiore Sant’Anna)/ /Leave a comment

The first post of this two-part series on Emergency Remote Teaching (ERT) discussed the copyright implications of the use of different online services in the context of ERT. The second part explores the data protection (DP) issues. Our analysis evaluates compliance of platforms with the General Data Protection Regulation (GDPR), in order to assess how…

Austria, Case Law, CJEU, European Union, Infringement, Liability

(Geistwert)/ /Leave a comment

ORF/Facebook – First follow up ruling after CJEU C18/18 – Glawischnig/Facebook First, a little bit of history. Back in 2016, a Facebook post containing an article with a photograph of the former Austrian politician Eva Glawischnig gave rise to a landmark decision against Facebook. Alongside a photo of Ms Glawischnig, she was referred to as,…

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

(University of Frankfurt)/ /Leave a comment

German Federal Supreme Court (Bundesgerichtshof) decisions of April 30, 2020 ( I ZR 139/15  and I ZR 228/15) Recently, the German Federal Supreme Court issued press releases in two cases which are of fundamental importance for the relationship between copyright and conflicting fundamental rights. Specifically, the two cases, Funke Medien (also known as “Afghanistan Papiere”) and Spiegel…

CDSM Directive, Digital Single Market, European Union

(Université Catholique de Louvain), (NOVA School of Law Lisbon), (University of Trento), (Institute for Information Law (IViR)), (University College Dublin), (University of Strathclyde), (Sciences Po Law School, France), and ( Scuola Superiore Sant’Anna)/ /Leave a comment

Very few institutions were prepared for the transition to distance learning. Although most teachers would have been familiar with online learning platforms and communication services, the swift move to Emergency Remote Teaching (ERT) took most universities by surprise. Some universities were able to rely on licensed software, repurposed to instruct students, and provide their staff…

Case Law, CJEU, European Union, Exhaustion, Netherlands

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

One of the most awaited copyright rulings of 2019 –  Nederlands Uitgeversverbond and Groep Algemene Uitgevers v Tom Kabinet Internet BV and Others (C-263/18), on the admissibility of digital exhaustion under the InfoSoc Directive – came out on 19 December, lost in the decisions galore issued by the CJEU the last working day before the…

CJEU, Communication (right of), Digital Single Market, European Union, Germany, Infringement

(GFF (Society for Civil Rights))/ /Leave a comment

Yesterday the German Federal Supreme Court (Bundesgerichtshof) published its rulings on three long-standing copyright disputes involving fundamental rights. All three cases had been the subject of preliminary rulings by the CJEU last year, case C‑469/17 (Funke Medien), case C‑516/17 (Spiegel Online) and case C‑476/17 (Pelham). In the two press freedom-related cases, the German Federal Supreme…