Legislative process

AG Opinion, Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process, Round-up

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

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…

AG Opinion, CDSM Directive, Digital Single Market, European Union, Jurisdiction, Legislative process

(GFF (Society for Civil Rights)) and (Institute for Information Law (IViR))/ /Leave a comment

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…

AG Opinion, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process, Poland

(University College Dublin) and (NOVA School of Law Lisbon)/ /Leave a comment

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…

Legislative process, Poland, Private copying

(Catholic University of Lublin John Paul II)/ /Leave a comment

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…

Legislative process, Poland, Private copying

(Catholic University of Lublin John Paul II)/ /Leave a comment

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). The draft law on the rights of professional artists announced by the Polish Ministry of Culture will significantly change how the private…

AG Opinion, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

(University College London)/ /Leave a comment

It certainly feels like the CDSM Directive has been the hottest topic in copyright law for quite some time now. If we had to be more specific and identify one main protagonist, the answer would unequivocally be: Article 17. Since its birth with the European Commission’s proposal, all the way through to the guidance from…

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

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Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. This has caused extensive debates on the national level comparable to the debate that took place when Art. 17 DSM Directive was introduced in 2019. But…

Legislative process, Performers' Rights, Remuneration (equitable)

(Elzaburu)/ /1 Comment

In the midst of the economic and social paralysis arising from the COVID 19 pandemic, the tireless discipline of law has prevailed as always, if anything with increased activity. The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number…

CDSM Directive, Conference, Digital Single Market, European Union, Exceptions and Limitations, Legislative process, Remuneration (equitable)

(Scuola Superiore Sant'Anna)/ /Leave a comment

To mark the deadline for the national implementation of the Directive on Copyright in the Digital Single Market (CDSMD) and present the mid-term results of its cross-disciplinary and transnational research, the Horizon 2020 project reCreating Europe is organising the web conference “The implementation of the CDSM Directive: snapshots into the future of EU copyright law”,…

CDSM Directive, Digital Single Market, European Union, Legislative process

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

Introduction The long-awaited European Commission Guidance on art. 17 of the Copyright in the Digital Single Market Directive (CDSMD) was finally published on 4 June 2021, a mere working day before the transposition deadline of 7 June.  Since then, there have already been several pieces published weighing in on the Guidance’s merits and shortcomings (mostly…