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…
We have recently published a white paper, authored by Julia Reda (Gesellschaft für Freiheitsrechte) and Paul Keller (Open Future) that proposes to build a public repository of Public Domain and openly licensed works. While the idea of creating repositories of Public Domain and openly licensed works is not new as such, we are proposing to…
The growing proclivity of issuing “dynamic injunctions” to block the online illegal diffusion and distribution of audio-visual copyrighted content has recently caught the attention of several scholars (see here, here and here). In fact, the preventive nature of the rights involved, the need to preclude imminent damage, and the fact that most IP addresses targeted…
In retrospect, life was simple in 1996, the year that gave us the Database directive and its much-maligned sui generis right aimed at promoting a European database industry. Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. At…
Welcome to the second trimester of 2021 round up of EU copyright law! Apologies to readers that this one comes a bit late. 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 policy…
Last week saw the long-awaited publication of Advocate General Saugmangsgaard Øe’s opinion on the Polish request for annulments of parts of Article 17 of the Directive on Copyright in the Digital Single Market (DSM Directive) before the European Court of Justice (Case C-401/19). While Bernd Justin Jütte and Giulia Priora have already analyzed the opinion’s…
In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads. If followed by the Court of Justice of the…
The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far. In Part I of this blog…
