Legislative process

CDSM Directive, Communication (right of), Digital Single Market, European Union, Exceptions and Limitations, Germany, Legislative process

(London School of Economics) and (Institute for Information Law (IViR))/ /1 Comment

In a recent two part post on this blog, our esteemed colleagues, Jan Bernt Nordemann and Julian Waiblinger, argued that our 2019 working paper and the German implementation proposal reading of Article 17 Copyright in the Digital Single Market (CDSM) Directive are wrong when they treat that entire provision as lex specialis to Article 3…

Case Law, Infringement, Jurisdiction, Legislative process, United Kingdom

, (Bristows LLP)/ /Leave a comment

Summary The judgment in PRS v Qatar Airways [2020] EWHC 1872 considers an interesting jurisdiction challenge in the context of international air travel.  In December 2019, PRS issued a claim in the UK against Qatar Airways (QA) for a declaration that QA infringed the worldwide performing rights in its musical works, an injunction to prevent…

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

(FNRS researcher at JurisLab ULB and lecturer at UCLouvain and Ecole de Recherche Graphique)/ /Leave a comment

The new Directive for Copyright in the Digital Single Market (“DSM Directive”) was a controversial piece of legislation. Notably, its article 17 has raised many concerns for its impact on fundamental rights, and particularly freedom of expression. In contrast to the mostly declarative or procedural guarantees included in the directive, I argue that an effective…

CDSM Directive, Communication (right of), Digital Single Market, European Union, Exceptions and Limitations, Germany, Legislative process, Liability

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Part 1 of this post illustrated the criteria differentiating Article 17 of the EU Directive on copyright and related rights in the Digital Single Market (“DSMCD”) from Article 3 InfoSoc Directive and came to the conclusion that the relationship between the two provisions cannot be explained by a sui generis right, which follows its own…

CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Germany, Legislative process, Liability

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Part 2 of this publication will be published on the Kluwer Copyright Blog shortly.  “… [T]his Directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area, in particular Directives … 2001/29/EC.”. Art. 1(2) of the EU Directive on copyright and related rights…

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

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

The first part of this post provided an introduction to the German implementation proposal for Article 17 DSM Directive (the Copyright Service Provider Act), and a discussion of the proposed rules on user rights and pre-flagging. This Part 2 continues with an analysis of the newly proposed exceptions and limitations, the German efforts to achieve…

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

(GFF (Society for Civil Rights))/ /1 Comment

Germany was the main battleground over last year’s adoption of the EU Directive on Copyright in the Digital Single Market (DSM Directive). After 200,000 people took to the streets against impending restrictions of their freedom of communication, the German government promised to avoid the use of upload filters in its national implementation. One of the…

CDSM Directive, Digital Single Market, European Union, Legislative process, Remuneration (equitable)

(University of Cyprus)/ /Leave a comment

The European Copyright Society (ECS) has issued a series of insightful Comments on the implementation of the CDSM Directive’s provisions, which aim to serve as guidelines for policy options for the implementation of the Directive in the Member States. Part I of this post outlined the Comments on the implementation of Articles 8 and 12,…

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

(University of Cyprus)/ /Leave a comment

Almost a year has passed since the adoption of the Directive on Copyright in the Digital Single Market (CDSM) Directive on the 6th of July 2019. This marked the end of a controversial legislative process at EU level, but also the beginning of a highly demanding process of national implementation. While the Directive has to…

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

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

Last Tuesday, Hungary somewhat unexpectedly became the second EU member state to implement part of the Copyright in the Digital Single Market (CDSM) Directive into national law, after France, which implemented Article 15 (the new press publishers’ right) back in October last year. Hungary has now passed a law implementing Article 5 of the DSM…