Liability

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

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Part I of this blogpost discussed the first paragraph of Article 17(7) DSM Directive, according to which the cooperation between online content sharing service providers (OCSSPs) and rightholders cannot render unavailable uploaded content which does not infringe copyright or neighbouring rights. Part II addresses the second paragraph of Article 17(7) which is instead addressed at…

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

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A key feature of the Copyright Digital Single Market Directive (DSMD) is the legal regime it provides for Online Content-Sharing Service Providers (OCSSP). These are, essentially, internet platforms storing and giving the public access to a large amount of copyright-protected works or other protected subject matter uploaded by their users, which the platform organises and…

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

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The court granted a blocking injunction requiring a number of internet service providers to block their customers’ access to streaming servers where copyright infringements were taking place through the unauthorised streaming of live footage of sports events. Case date: 20 September 2018 Case number: [2018] EWHC 2443 (Ch) Court: High Court of Justice of England and…

Case Law, Infringement, Liability, United Kingdom

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The Court held that a greeting card designer was the sole copyright owner of the rights in a number of greeting cards but had validly assigned the copyright to the claimant. The defendants were jointly liable for infringement of copyright in two of the claimant’s cards. Case date: 06 June 2018 Case number: [2018] EWHC…

Enforcement, European Union, Exceptions and Limitations, Infringement, Legislative process, Liability

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The European Parliament has just approved the new text of the copyright directive, which will now go to the Council for a final vote on April 15th, 2019. This legislation not only modifies the copyright framework as set out in the Information Society Directive (Directive 2001/29/EC) but it will also modify the liability regime as…

Austria, Case Law, Enforcement, Exceptions and Limitations, Infringement, Liability

(Geistwert)/ /1 Comment

On Valentine’s Day, the Higher Regional Court of Vienna (docket no 4 R 119/18a) issued a judgment on a complaint by the Austrian broadcasting company Puls 4 against YouTube, predating the much-discussed Article 17 (formerly known as Article 13) of the Copyright Directive. The petition requested aimed to prevent YouTube from making available videos containing…

Communication (right of), Digital Single Market, Distribution (right of), European Union, Liability, Reproduction (right of)

(University of Milan)/ /1 Comment

Introduction Cloud Services are often used for communicating, distributing and reproducing digital content, since IP based devices are nowadays a common means for exploiting such content and the IP connection between client devices and servers is made simpler with the use of virtualized resources in Cloud. We noted in a previous post (see here) that…

Case Law, Enforcement, Infringement, Liability, Sweden

(Westerberg & Partners Advokatbyrå AB)/ /Leave a comment

While avid readers of IP blogs have recently learned about UK courts issuing flexible and powerful live blocking orders against illegal streaming websites (here), Italian courts imposing dynamic blocking orders elegantly skirting the outer limits of the general monitoring prohibition (here), and German courts handing down blocking injunctions based on something as German-sounding as Störerhaftung,…

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

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Introduction The Court of Justice of the European Union (CJEU) has ruled in Bastei Lübbe GmbH & Co. KG v. Michael Strotzer (C-149/17) that “the owner of an internet connection used for copyright infringements” cannot invoke his fundamental right to private life to circumvent the possible enforcement of remedies against such infringements. This judgment is…

Case Law, CJEU, Communication (right of), Digital Single Market, European Union, Germany, Infringement, Legislative process, Liability

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

1          Introduction The right of communication to the public (Article 3 Information Society Directive) is well-established in the Court of Justice of the European Union’s (“Court”) case-law: it no longer only encompasses more physical matters, such as broadcasting of television in hotels (SGAE, C-306/05), but also digital matters, such as linking to copyright infringing content (GS Media,…