Legislative process

CJEU, Communication (right of), Digital Single Market, European Union, Exceptions and Limitations, Legislative process, Liability, Making available (right of)

(Franklin Pierce Center for IP, Univ. of NH)/ /Leave a comment

In the current debates on the ‘value gap’ provisions in the European Commission’s DSM proposal (Art. 13 and Recital 38, see here and, e.g., here), it has been suggested that these provisions would modify the current scope of the exclusive right of communication /making available to the public and the liability exemptions of the E-commerce…

Canada, CJEU, Conference, Digital Single Market, European Union, France, Legislative process, Switzerland, USA

, , (Sigma Legal)/ /Leave a comment

From the Celestial Jukebox to AI. We have now reached the “Celestial Jukebox” predicted by Prof. Goldstein,[1] and have even gone well beyond with the rise of Machine Learning and Artificial Intelligence. These key issues were at the heart of the annual IP conference organised by the University of Geneva on February 22, 2017 (programme…

Case Law, CJEU, Exceptions and Limitations, Italy, Legislative process, Reproduction (right of)

(University of Milan)/ /Leave a comment

1. Introduction As reported previously on the Kluwer Copyright Blog, on 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 (Microsoft Mobile Sales International and others Vs MIBACT and SIAE) regarding the private copying exception in Article 5.2 b of Directive 2001/29/EC (the ‘InfoSoc Directive’). The…

Case Law, CJEU, Communication (right of), European Union, Infringement, Legislative process, United Kingdom

(Bristows LLP) and (Bristows)/ /Leave a comment

The CJEU has handed down a decision which is likely to land a fatal blow to the online streaming service TVCatchUp in their long running saga with free-to-air broadcasters. Background As we reported back in 2015, this reference to the CJEU by the UK Court of Appeal followed an appeal by the claimant broadcasters against…

European Union, Infringement, Legislative process, USA

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

In December 2016, the Office of the U.S. Intellectual Property Enforcement Coordinator introduced a Joint Strategic Plan on Intellectual Property Enforcement (FY 2017-2019). Since 2014, on the other side of the Atlantic ocean, the European Union has been undertaking steps to complete a comprehensive modernisation of the copyright system, including a reform of the Enforcement…

Brexit, Case Law, Legislative process, United Kingdom

(The Dickson Poon School of Law, King's College London)/ /Leave a comment

Introduction from the editors Last week, the UK Supreme Court handed down its judgment in R (Miller) v Secretary of State for Exiting the European Union, a case in which the court had to determine the steps required under UK law before the process of leaving the European Union can be initiated.  It goes without…

Case Law, CJEU, Collective management, European Union, France, Legislative process, Reproduction (right of)

(REALEX)/ /Leave a comment

The French Act No. 2012-287 of 1 March 2012 ‘on the digital exploitation of unavailable books of the twentieth century’ created a specific compulsory collective management system for out-of-commerce books, in Articles L.134-1 to L.134-9 French intellectual property Code (‘IPC’). These new provisions were intended to allow the digitisation and reissuing of books that are…

Brexit, Case Law, CJEU, European Union, France, Germany, Legislative process, Neighbouring rights, United Kingdom

/ /Leave a comment

2016 was a busy year for European copyright law. Unsurprisingly, Brexit and its potential impact on copyright in Europe and the UK was one of the most popular topics on the Kluwer Copyright Blog. Other hot topics included the much-anticipated CJEU judgment in the GS Media case and the ongoing EU copyright reform.  We provide a countdown below…

Colombia, Exceptions and Limitations, Legislative process

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

From August 8th to September 22nd 2016, the Colombian Ministry of Commerce made a public call for comments on a draft reform of the current copyright legislation. A key change that this proposal could have included was conspicuous by its absence: the parody exception. Colombian civil society has advocated for a change to this. The…

Case Law, CJEU, Exceptions and Limitations, Legislative process, Private copying, Spain

(Elzaburu)/ /Leave a comment

A full report of this case has been published on Kluwer IP Law. The Spanish Supreme Court annulled some of the rules regulating the system of financing fair compensation for private copying through the General State Budget on the grounds that they are incompatible with EU law.  The system that had been in place until…