Jurisdiction

Database right, European Union

, , (Max Planck Institute for Innovation and Competition)/ /Leave a comment

Introduction On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data Act)’. This legal instrument will horizontally set rules applicable to the relationship between manufacturers and users of Internet of Things (IoT) devices. The Data Act Proposal assigns users…

Case Law, Infringement, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

Use of the author’s quote on a high school Twitter account was educational rather than commercial because it clearly was intended to inspire high school athletes, and the school obtained no profit from its use. In a case in which an author sued a public school district for using a passage from his book on…

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

(GFF (Society for Civil Rights)) and (Institute for Information Law (IViR))/ /Leave a comment

The judgement of the European Court of Justice in case C-401/19 has hardly laid to rest the debates over the use of upload filters in automated copyright enforcement. On the contrary, by declaring Article 17 of the Directive on Copyright in the Digital Single Market compatible with the Charter, while requiring Member States to ensure…

Artificial Intelligence (AI), CDSM Directive, Digital Single Market, European Union

(KU Leuven Centre for IT & IP Law), (Institute for Information Law (IViR)), and ( Københavns Universitet Centre for Information and Innovation Law (CIIR), University of Copenhagen)/ /Leave a comment

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. The first part of this post briefly discussed the concept of bias and examined the role of property rights in data and factual information, with a focus on copyright. This second part explores the…

Artificial Intelligence (AI), CDSM Directive, European Union

(KU Leuven Centre for IT & IP Law), (Institute for Information Law (IViR)), and ( Københavns Universitet Centre for Information and Innovation Law (CIIR), University of Copenhagen)/ /Leave a comment

Introduction This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. It explores the possible links between conditional data access regimes and content moderation performed through data-intensive technologies such as fingerprinting and, within the realm of artificial intelligence (AI), machine learning (ML) algorithms. More specifically,…

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

(Luiss Guido Carli University) and (University College Dublin)/ /Leave a comment

In this contribution, we look at the future of content moderation after the recent decision of the Grand Chamber of the CJEU of 26 April 2022 on the validity of Article 17 CDSM with regard to freedom of expression. This decision is a crucial turn for a number of reasons, the main one being that…

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

(Institute for Information Law (IViR) )/ /Leave a comment

With its landmark decision in Poland/Parliament and Council of 26 April 2022 (case C-401/19), the Grand Chamber of the Court of Justice of the European Union (CJEU) has clarified that the filtering obligations arising from Article 17(4)(b) and (c) of the Directive on Copyright in the Digital Single Market 2019/790 (“DSM Directive” or “DSMD”), are…

Austria, Case Law, CJEU, Exceptions and Limitations, Infringement, Liability

, (Geistwert)/ /Leave a comment

The Austrian Supreme Court held that YouTube – as a host service provider – was not responsible for copyright infringements by its users as long as it was not put on notice of the infringements (17. 9. 2021, 4 Ob 132/21x). For monetizing uploaded videos, the uploading user has to confirm that they have read…

CDSM Directive, Collective management, Digital Single Market, Italy, Legislative process, Press Publishers ’ Right

(Scuola Superiore Sant'Anna) and (University of Alicante and Scuola Superiore Sant'Anna)/ /Leave a comment

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for…

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

/ /Leave a comment

Last week, the European Commission sent reasoned opinions to 13 Member States (Belgium, Bulgaria, Cyprus, Denmark, Greece, France, Latvia, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden) for failure to notify the Commission of transposition measures on copyright and related rights in the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive) The CDSM Directive was published…