As promised in an earlier contribution, I will provide a more reasoned exploration of the Swedish proposal to Article 17 DSM Directive in view of the fact that the Ministry of Justice did not opt for the copy-paste implementation technique. In this first post, out of two, I will address the proposed liability regime. The…
Last week the European Commission published its proposal for a Data Act. The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. As expected, the proposed Data Act introduces rules strengthening user access and portability…
At the time that Directive 2019/790/EU (DSM Directive) was being developed, much media attention was focussed, over a period of many months, on the liability of online content sharing service providers for content uploaded by their users. Initially in Art. 13 and ultimately in Art. 17 of the DSM Directive, the Directive stipulates that online…
At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). But first let’s take a look at Mars (the…
As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2022 to all of our readers, as well as reflect on developments in copyright over the past year. Despite its challenges, last year was another busy one in the copyright world, with ongoing European copyright…
Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important…
Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). The transposition deadline has now passed. As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD)….
On 11 November, the European Parliament adopted a resolution on an intellectual property action plan aimed at supporting the EU’s recovery and resilience. The recitals note the importance of balanced protection and enforcement of intellectual property rights (IPR) to the European economy as well as to the EU’s recovery and resilience, in particular to the…
For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This state of play was only disrupted in 2004, when Chile first proposed to WIPO’s Standing Committee on Copyright and Related Rights (SCCR) that it explore the issue of limitations…
Let’s imagine that, in the near future, the Court of Justice of the European Union (CJEU) receives a request for a preliminary ruling referring the following question: “Must Article 17(4) of Directive 2019/790 on copyright and related rights in the Digital Single Market be interpreted as precluding a national law which allows copyright holders to bring…
