European Union

CDSM Directive, Digital Single Market, European Union, Germany, Legislative process, Text and Data Mining (TDM)

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In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). Secondly, the legislature felt obliged, in response to certain CJEU…

Case Law, CDSM Directive, CJEU, Collective management, Communication (right of), Design Rights, Digital Single Market, Enforcement, European Union, Liability, NFTs, Round-up

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

Welcome to the fourth (and last) trimester of the 2022 round up of EU copyright law (even though slightly overdue)! While in the last three months of 2022 the CJEU was relatively quiet, the various EU policymakers have been very productive. In this series, we update readers every three months on developments in EU copyright…

CJEU, Communication (right of), European Union

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Time and again, authors use their copyright to prevent press publications they do not like. Such use of copyright to suppress press reporting interferes with the fundamental right of communication, which not only serves individual expression but also safeguards the existence of a democratic society. In light of fundamental rights, copyright law cannot allow the…

Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

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As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. Last year was another busy one in the copyright world, with ongoing European copyright reform, a number…

CJEU, European Union, Exceptions and Limitations

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Repair and maintenance information is often crucial for the repair of today’s increasingly complex and computerised products and devices. Copyright’s subsistence in repair manuals and information can run contrary to the public interest in access and dissemination of this information, leading to the premature product obsolescence and abandonment. The InfoSoc Directive’s non-mandatory exception for the…

Digital Single Market, European Union, Exceptions and Limitations, Remuneration (equitable), Transfer (of right)

(Institute for Information Law (IViR))/ /2 Comments

The increasing costs of publication under the Gold Open Access model and “Big Deals”   The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scientific publishing towards Open Access (OA).[1] OA publication of publicly funded scientific research bears the triple promise of…

European Union, Exceptions and Limitations, Legislative process

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

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. The study analyses the relationship between EU copyright law and access to and reuse of scientific publications, including open access, as well as potential…

CDSM Directive, European Union, Exceptions and Limitations

(IÉSEG School of Management, Lille-Paris)/ /Leave a comment

Part 1 of this post outlined augmented reality (AR) technology, its applications in the cultural heritage sector and its potential copyright implications. This part discusses the relevant copyright exceptions and limitations.   Exceptions enabling AR for fostering education and participation in cultural life Currently, EU law does not contain any broad clause enabling exploitations related…

European Union, Exceptions and Limitations

(IÉSEG School of Management, Lille-Paris)/ /Leave a comment

Augmented Reality (AR) is a fast-evolving technology enabling the overlap of digital images with those from the real world. It makes use of several technological developments and in particular computing devices with wireless connectivity that let the user connect to the Internet and other devices in different places. Part 1 of this post outlines the…

CDSM Directive, CJEU, Conference, Digital Single Market, European Union

(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 OCSSPs (“online content-sharing services providers”). In a report published in September 2022, I undertook research into the…