Despite the increasing use of streaming services, where media content is not stored on local devices, but merely accessed online, the private copying exception (Art 5(2)(b) InfoSoc Directive) remains at the center of European jurisprudence. In the Austro-Mechana v. Strato case, the Austrian courts have to decide whether the remuneration for private copying must also be…
In August 2020, a review of the Orphan Works Directive (2012/28/EU), or OWD, was initiated by the European Commission. The study concluded that the OWD has had limited practical impact, but the European Commission has not proposed any modifications to the Directive. This post provides a short introduction to the OWD, an overview of the…
The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive). This follows its decision last year to send reasoned opinions to 13…
Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. Although the implementation deadline passed in 2021, several Member States have yet to transpose the…
Launched in January 2020, the H2020 project reCreating Europe (Rethinking digital copyright law for a culturally diverse, accessible, creative Europe), is pleased to announce its final conference, which will take place in Brussels on 21-22 March 2023. Day 1 will take place at the Royal Belgian Museum of Natural Sciences, while Day 2 will be…
A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. “Text and data mining” (“TDM”)…
Grand Production d.o.o. v GO4YU GmbH (Case C‑423/21) The facts of the case are representative of the grey areas of the application of copyright territoriality in the digital era. The applicant, Grand Production d.o.o., is a Serbian company which produces television programs that are broadcast in Serbia by a TV channel, Prva Srpska Televizija. Another…
As generative machine learning (ML) systems become more mainstream, the discussion about copyright and ML input is back in the spotlight. At the heart of this discussion is the question of whether authors, creators, and other rightholders need to give permission before their works can be used as input for generative ML systems that produce…
Works generated through complex AI systems, such as machine learning and text-to-image generation models, have recently stirred up many discussions and even given rise to lawsuits (here and here). Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has…
This contribution was posted first on 17 January 2023 on The Digital Constitutionalist under the title: Safeguarding the Constitutional Role of Media as Fourth Estate of Democracy: Copyright as a Regulatory Framework for Freedom of Expression and Access to Information Online. In September 2022, the European Commission published its draft European Media Freedom Act…
