Liability

CDSM Directive, Communication (right of), Digital Single Market, European Union, Exceptions and Limitations, Germany, Legislative process, Liability

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Part 1 of this post illustrated the criteria differentiating Article 17 of the EU Directive on copyright and related rights in the Digital Single Market (“DSMCD”) from Article 3 InfoSoc Directive and came to the conclusion that the relationship between the two provisions cannot be explained by a sui generis right, which follows its own…

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

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Part 2 of this publication will be published on the Kluwer Copyright Blog shortly.  “… [T]his Directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area, in particular Directives … 2001/29/EC.”. Art. 1(2) of the EU Directive on copyright and related rights…

Austria, Case Law, CJEU, European Union, Infringement, Liability

(Geistwert)/ /Leave a comment

ORF/Facebook – First follow up ruling after CJEU C18/18 – Glawischnig/Facebook First, a little bit of history. Back in 2016, a Facebook post containing an article with a photograph of the former Austrian politician Eva Glawischnig gave rise to a landmark decision against Facebook. Alongside a photo of Ms Glawischnig, she was referred to as,…

Enforcement, Fair Use, Infringement, Liability, USA

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There are not many surprises in the just released Copyright Office Section 512 Study. On virtually every issue about which the copyright industry had complained for the last two decades regarding the notice and takedown regime first established by the Digital Millennium Copyright Act (DMCA) in 1998, now codified in 17 U.S.C. § 512—from its…

Belgium, CJEU, Communication (right of), Enforcement, European Union, Liability

(Institute for Information Law (IViR), University of Amsterdam)/ /1 Comment

On 6 August 2019 the Ondernemingsrechtbank Antwerpen (the court) submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU) on a dispute between Mircom, a company registered under Cypriot law, and Telenet, a Belgian internet service provider whose users presumably shared copyright protected works via Bit-torrent. This case…

Case Law, CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Liability, Netherlands

(Institute for Information Law (IViR), University of Amsterdam)/ /Leave a comment

On 12 June 2019, the High Court of the Netherlands referred four questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling. The questions concern an ongoing battle between Stichting Brein, a Dutch anti-piracy organisation representing movie and music industries, and NSE (News-Service.com), an online platform for Usenet services. Stichting…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Infringement, Legislative process, Liability

(iRights.info)/ /Leave a comment

Part I of this post discussed the current position of host providers and the changes that will be brought about by Article 17. Part II addresses the major problems in relation to Article 17 and how it should be implemented to try and minimize these. The host provider privilege as a safeguard for a diverse…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Infringement, Legislative process, Liability

(iRights.info)/ /Leave a comment

On July 6, the EU adopted the Directive on Copyright in the Digital Single Market (DSM Directive), following heated discussions of Articles 15 (formerly 11) and 17 (formerly 13) in particular. In Germany, tens of thousands of people took to the streets to demonstrate against the planned legislation in the lead-up to the vote in the European Parliament…

Distribution (right of), Enforcement, Infringement, Italy, Liability, Remedies, United Kingdom

(University of Milan)/ /Leave a comment

1. Italian Case Law on Fast Injunctions The impact of the illegal distribution of audiovisual content is growing (see, for Italy, the report issued in 2019 by FAPAV Federation for the protection of audiovisual and multimedia content). IP enforcement is an important part of the reaction against this illegal phenomenon. In 2019, some important improvements…

Case Law, CJEU, Communication (right of), Infringement, Liability, United Kingdom

, (Bristows LLP)/ /Leave a comment

The recent decision in Warner Music & another v TuneIn Inc [2019] EWHC 2923 (ch), was the first time the English Courts have forensically assessed the implications of CJEU decisions such as GS Media and Svensson on communication to the public over the internet. Many of us have been left bemused by the concepts the…