Legislative process

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

(Franklin Pierce Center for IP, Univ. of NH)/ /1 Comment

In the run-up to the Plenary vote of the European Parliament in June and again currently, some academics and other voices have criticized the JURI Committee Report especially on Article 13 of the Proposal for a Directive on Copyright in the Digital Single Market. Among others, they purport that these proposals would contravene the acquis…

Digital Single Market, Enforcement, European Union, Infringement, Legislative process, Liability, Remedies

(CIPIL, University of Cambridge) and (Institute for Information Law (IViR))/ /Leave a comment

1. Introduction In September 2016, the European Commission published its proposal for a new Directive on Copyright in the Digital Single Market, including its controversial draft Article 13. The main driver behind this provision is what has become known as the ‘value gap’, i.e. the alleged mismatch between the value that online sharing platforms extract…

European Union, Infringement, Legislative process, Liability, Remedies

(University of Amsterdam (IViR))/ /Leave a comment

As the endgame for the negotiations on the long-awaited new European Directive on copyright in the Digital Single Market is finally on, the debate focuses very much on article 13 of the proposed directive. A lot has been published already about the consequences of this proposal for the future of ‘the-internet-as-we-know-it’, but what are its…

Australia, European Union, Legislative process

(Macquarie Law School)/ /1 Comment

It is an exciting time – the European Union (EU) has started the long-awaited negotiations with Australia on a Free Trade Agreement (FTA). What could creative industries expect in terms of the intellectual property chapter, and copyright law in particular? Should Australia be afraid of the EU requiring an additional layer of copyright protection, as…

Brexit, European Union, Germany, Legislative process, United Kingdom

(AURICH|LEGAL)/ /Leave a comment

Introduction Since the British government has triggered Art. 50 TEU it can be considered a certainty that the United Kingdom will leave the European Union. What is not clear to date are the exact terms that will shape the future relationship between the two parties – and thus the situation of British stakeholders in the…

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

(Berkeley Law School)/ /Leave a comment

Forthcoming in the November 2018 issue of Communications of the ACM, a computing professionals journal, is a column entitled “Legally Speaking: The EU’s Controversial Digital Single Market Directive” by Professor Pamela Samuelson, Berkeley Law School. The editors of Communications of the ACM have given permission for this column to be pre-published for the Kluwer Copyright…

Digital Single Market, European Union, Legislative process

(Berkeley Law School)/ /1 Comment

Forthcoming in the November 2018 issue of Communications of the ACM, a computing professionals journal, is a column entitled “Legally Speaking: The EU’s Controversial Digital Single Market Directive” by Professor Pamela Samuelson, Berkeley Law School. The editors of Communications of the ACM have given permission for this column to be pre-published for the Kluwer Copyright…

Digital Single Market, Legislative process

(Vanderbilt University Law School)/ /1 Comment

It is difficult to find an article on any topic in the field of intellectual property (IP) that does not call for reform. Many legislative efforts are afoot in the EU to “update” IP norms, including a proposed Directive on copyright in the Digital Single Market. The same is happening elsewhere but most of those…

European Union, Legislative process

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

While awaiting the vote (on 5 July 2018) of the European Parliament on the Legal Affairs (JURI) Committee Proposal on Article 13 of the draft Directive on Copyright in the Digital Single Market – commented on previously by Christina Angelopoulus – in this post we will focus on the Proposal agreed on by the European…

European Union, Legislative process

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

Last week, the Legal Affairs (JURI) Committee of the European Parliament voted in favour of Rapporteur MEP Axel Voss’s proposal on Article 13 of the draft Directive on Copyright in the Digital Single Market. The saga surrounding this infamous text is however far from over. A group of MEPs are currently challenging the JURI version…