Legislative process

Collective management, European Union, Legislative process, Making available (right of), Ownership, Reproduction (right of)

(Schulich School of Law )/ /Leave a comment

The Proposal for a Directive on certain permitted uses of orphan works, introduced in the European Parliament on 24 May 2011, has been following its merry way through the legislative meanders ever since. The debates around the text of the proposal are heating up right now, for the European Commission pushes for rapid adoption while…

Enforcement, European Union, Jurisdiction, Legislative process

(University of Cyprus)/ /Leave a comment

What would be the ingredients of a magic formula for better IPR enforcement on the Internet? Has the time come for a horizontal harmonization for notifying and acting on illegal on line content? In a period where the ratification of ACTA is ranked highly in the political agenda of European governments, the European Commission is…

Enforcement, European Union, Legislative process, Poland

(Institute of Intellectual Property Law, Jagiellonian University Kraków)/ /Leave a comment

The clouds of dust raised by the turbulent discussion about ACTA in Poland seem to be slowly settling and the time has come to make some evaluations. What has happened with ACTA in Poland has surely caught the attention of the world (or at least Europe), but perhaps the scale of it is still underestimated….

Infringement, Italy, Legislative process, Liability

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We are experiencing a new trend by Italian first instance courts in addressing the issue of liability of hosting providers for contents posted by users in copyright infringement cases. The new approach is likely to impose providers of video sharing platforms (such as YouTube, Dailymotion and others) dramatic changes in their model of business, with…

Enforcement, Ireland, Legislative process, Liability, Remedies

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by Linda Scales, solicitor, Dublin. A copyright controversy has been raging in Ireland this week. The SOPA/PIPA debate fuelled fears that an unpublished piece of secondary legislation would provide a regime similar to that proposed in the US. The Irish instrument was labelled “Ireland’s SOPA”, even though no one knew what the document contained. In…

Enforcement, Infringement, Legislative process, Liability, Remedies

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

Some legislative proposals raise considerable controversy beyond the national territory in which they are issued. The Stop Online Piracy Act (SOPA), a bill that is currently pending in the US House of Representatives, is one clear example of such a proposal. Aimed at fighting unauthorized trafficking of copyrighted content in the online environment, the proposed…

Case Law, Conference, European Union, Jurisdiction, Legislative process

(Maastricht University)/ /2 Comments

Last Friday, 13 January 2012, the conference “InfoSoc @ Ten: Ten Years after the EU Directive on Copyright in the Information Society” took place in the European Parliament. The conference, organized jointly by the IViR (University of Amsterdam) and the CRIDS (University of Namur), had an ambitious goal: to evaluate the achievements of the Information…

Case Law, European Union, Exceptions and Limitations, Legislative process, Making available (right of), Reproduction (right of)

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

On May 22 of this year Directive 2001/29/EC was exactly 10 years old – a birthday largely gone unnoticed. The ‘Copyright Directive’ or ‘Information Society Directive’ (for experts: ‘InfoSoc Directive’) marked an important stage in the process of harmonization of copyright and related rights in the European Union. In contrast to earlier directives that dealt…

Collective management, France, Legislative process, Ownership

(Institute for Information Law (IViR))/ /1 Comment

A new proposal of law on the digital exploitation of (commercially) unavailable books of the 20th Century (proposition de loi relative à l’exploitation numérique des livres indisponibles du XX° siècle) has been introduced quasi-simultaneously in the Senate and in the National Assembly. According to the preamble of the proposal, about 500 000 books published during…