Introduction On 30th June 2017, the EU approved Regulation 2017/1128/EU on the cross-border portability of online content services (OJEU 30.6.17 L168) (the “Regulation”). The new Regulation introduces to the EU copyright framework the right for users to access portable services to which they have subscribed in one Member State when they are temporarily resident in another…
It’s been almost two years since the Slovak legislator introduced an improved legal framework by adoption of a completely new Slovak Copyright Act. The main aim of the legislation was to introduce modern and flexible legal rules ensuring, on the one hand, that authors have more effective means to control the use of their works…
The Centre for International Intellectual Property Studies (CEIPI) has just published a position paper on the proposed reform of copyright exceptions and limitations in the European Digital Single Market (DSM). The European Commission’s planned copyright reform proposes to adapt EU law to the challenges emerging in the Digital Single Market (DSM). This CEIPI Opinion does…
Article 13 of the Proposed Directive on Copyright in the Digital Single Market (DSMD) and the accompanying Recital 38 are amongst the most controversial parts of the European Commission’s copyright reform package. Several Member States (Belgium, the Czech Republic, Finland, Hungary, Ireland, the Netherlands and Germany) have submitted questions seeking clarification on aspects that are…
Following an interlocutory question from the French Council of State, in a dispute concerning the legality of the decree of 27 February 2013 on the application of the law of 1 March 2012 on the digitisation of out-of-print books of the 20th century, the Court of Justice of the European Union (Case C-301-15) rightfully stated that…
A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The CJEU held that Article 2(a) and Article 3(1) of Directive 2001/29 preclude national legislation that gives an approved collecting society the right to authorise the digital reproduction and communication to the…
Over the course of the last couple of months, we witnessed an outburst of creativity concerning the wording of Art 13 of the Digital Single Market Directive (‘the Directive’). Last week, the Estonian Presidency tabled a compromise proposal (here – thanks to Statewatch) for the meeting of the Working Party on Intellectual Property that takes…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs. Here are the top posts from June, July and August. Top 3 Kluwer Copyright…
Back in December last year, we reported –on this blog– on the legal vacuum left in the wake of the Spanish Supreme Court’s judgment declaring the system for financing private copying null and void. As you will recall, from 2012 to 2016 fair compensation for private copying was financed in Spain from the General State…
Two and a half years after the first draft proposal of the European Commission, and following a number of contributions from the Council, the European Economic and Social Committee and the Committee on Legal Affairs of the European Parliament (see here for a summary of the approval process), on 30th June 2017 the EU finally…
