Legislative process

Collective management, Communication (right of), France, Legislative process, Reproduction (right of)

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A new French Law provides that search engines using thumbnails will have to pay royalties via a compulsory collective management for the reproduction of photographs and images. The French Act No. 2016-925 of 7 July 2016 on freedom of creation, architecture and cultural heritage contains several provisions on copyright that modify the intellectual property Code…

Digital Single Market, European Union, Exceptions and Limitations, Legislative process, Liability

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As has by now been extensively reported, on 14th September the European Commission released its new copyright reform package. Prominent within this is its proposal for a new Directive on Copyright in the Digital Single Market. The proposal contains an array of controversial offerings, but from the perspective of this intermediary liability blogger, the most…

AG Opinion, European Union, Legislative process

(Maastricht University)/ /3 Comments

On 8 September 2016, AG Wahl presented his Opinion regarding the nature of the competence of the EU to conclude the Marrakesh Treaty (Opinion procedure 3/15). In the AG’s view, [*spoiler alert*] the EU is exclusively competent on this matter – a conclusion that much delighted this blogger and that she had already ventured in…

European Union, Exceptions and Limitations, Legislative process, Neighbouring rights

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On March 23 the European Commission launched a public consultation on both the role of publishers in the copyright value chain and the ‘panorama exception’. The intent was to gather views on several issues: first, whether publishers of newspapers, magazines, books and scientific journals are facing problems in the digital environment as a result of…

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

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Recently, the Commission published a draft of the Commission’s impact assessment “on the modernisation of EU copyright rules”  and a draft for a new directive “on copyright in the Digital Single Market” were leaked. Yesterday, the Commission launched the long-awaited proposal for this directive, which includes an exception for reproductions made by research organisations to…

European Union, Legislative process, Neighbouring rights

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Earlier this year, the Commission launched a public consultation on the role of publishers in the copyright value chain. The consultation sought to gather views on a number of issues, namely the impact of granting an EU neighbouring right to publishers and whether the need for EU intervention is different in the press sector vis-à-vis…

Case Law, Enforcement, France, Infringement, Legislative process

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The Conseil d’Etat, the French administrative Supreme Court, ordered the French Prime Minister to take regulatory measures to indemnify the ISPs (Internet service providers) for the costs incurred when the HADOPI Commission requires them to provide information relating to internet users who have or are likely to have infringed copyright law. A full summary of…

Brexit, Enforcement, European Union, Exceptions and Limitations, Infringement, Legislative process

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Here at the Kluwer Copyright Blog we are thrilled to have had the opportunity to ask Felix Reda MEP a few questions on some very topical copyright law issues.  We are very grateful to Felix for sparing time in his busy schedule to do the interview, and here’s what he had to say: 1. In…

Brexit, European Union, Legislative process, United Kingdom

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BREXIT will obviously have an impact on some of the intellectual property regimes the UK will operate under in the post-EU world, but will it have a significant impact on the copyright regime in the UK? Copyright is probably the intellectual property right that is the least harmonised in the EU. There have been attempts…

Case Law, Exceptions and Limitations, France, Legislative process, Private copying, Remuneration (equitable)

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In a judgment of 17 March 2016, the Cour de cassation, the French Supreme Court, ruled that the judicial courts are required to assess and award the remuneration for private copying in situations where one of the decisions of the Commission in charge of setting the fair compensation has been annulled. A full summary of…