Jurisdiction

CDSM Directive, Contract, Digital Single Market, European Union, Jurisdiction, Netherlands

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

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,…

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

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

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…

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

(University College Dublin) and (NOVA School of Law Lisbon)/ /Leave a comment

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…

Estonia

(Palladium Attorneys at Law)/ /Leave a comment

In this case, the court held that according to the Facebook Terms of Service it is permissible to post copyright protected content on a Facebook timeline if this content has been already published on Facebook. The court also emphasised that the defendant would have been entitled to publish the post under Section 19 4) of…

Digital Single Market, European Union, Legislative process

(GFF (Society for Civil Rights)) and (Institute for Information Law (IViR))/ /1 Comment

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…

Case Law, Digital Single Market, Germany

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

In Part 1 of this blog post, we introduced the core mechanism of ex-ante protection against the blocking of legal uploads in Germany’s implementation of art. 17 of the Directive on Copyright in the Digital Single Market (CDSMD). In Part 2, we examine other elements of the German implementation bill, the “Act on the Copyright…

CDSM Directive, Digital Single Market, Germany, Jurisdiction, Legislative process

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

On 28 May the German Bundesrat approved the law transposing Directive (EU) 2019/790 on Copyright in the Digital Single Market (CDSMD), thus finalizing the national implementation process. At the core of the German transposition of the CDSMD is the “Act on the Copyright Liability of Online Content Sharing Service Providers” (Urheberrechts-Diensteanbieter-Gesetz – UrhDaG), which implements…

CDSM Directive, Digital Single Market, Italy, Legislative process

(NOVA School of Law Lisbon)/ /Leave a comment

Despite the turbulent times Italian politics have experienced in the past year – which led to a change of government in the midst of the pandemic emergency – the ball of the transposition of the CDSM Directive (CDSMD) into Italian law is still rolling. As of today, it is difficult to predict whether the deadline…

Case Law, Damages, Infringement, United Kingdom

, (Bristows LLP)/ /Leave a comment

In a trial to assess the quantum of financial loss in the IPEC, FBT Productions LLC v Let Them Eat Vinyl Limited [2021] EWHC 932 (IPEC), Deputy High Court Judge Ian Karet found the claimant was not entitled to damages for loss of opportunity since that defendant’s wrongdoing did not cause the loss. Damages for…

Case Law, Infringement, Liability, USA

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

Navy’s failure to track simultaneous users created copyright infringement liability. Though the Court of Federal Claims correctly found that the U.S. Navy was deemed to have received an implied-in-fact license to copy Bitmanagement Software GmbH’s copyrighted graphics-rendering software onto its computers, the trial court erred by not finding that the Navy breached this license when…