Legislative process

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

(Institute for Information Law)/ /Leave a comment

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

(Bristows LLP)/ /Leave a comment

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…

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

(REALEX)/ /Leave a comment

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 compensation for private copying in situations where a decision of the Commission in charge of setting the fair compensation has been annulled. This judgment seems to mean that the…

European Union, Legislative process, Neighbouring rights, Press Publishers ’ Right

(Brinkhof)/ /1 Comment

There are just three days to go until the European Commission’s public consultation on “the role of publishers in the copyright value chain” closes and those who have not yet responded to the consultation should consider doing so. Although the Commission’s explanatory statement hardly makes this clear, it is considering a legislative initiative that could…

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

(University of Cyprus)/ /Leave a comment

On 4th May 2016, the European Commission published its Full report on the public consultation on the review of the EU Satellite and Cable Directive. The consultation, which was held from 24 August until 16 November 2015, focused on two main issues. First, the assessment of the current rules and, second, the possibility of the…

Communication (right of), European Union, Exceptions and Limitations, Infringement, Legislative process, Liability, Making available (right of), Reproduction (right of)

(Geistwert)/ /Leave a comment

When a new disruptive innovation comes around, the question always arises as to whether the current legal regimes can provide answers to all potential legal questions arising out of such new technologies and their business cases. The process for obtaining legal certainty may take some time, especially with regard to computer related technology: e.g., whilst…