Exceptions and Limitations

Exceptions and Limitations to copyright are provisions which allow for works protected by copyright to be used in specific situations without a licence from the copyright owner. There are numerous limitations and exceptions found in copyright legislation including, for example, the fair use exception, exceptions for libraries, archives and educational institutions, and the back-up copy exception.

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

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

On 4 June 202, the European Commission published its guidance on Article 17 of Directive 790/2019 on Copyright in the Digital Single Market (CDSM Directive). The guidance drew attention mainly because the Commission shifted from a position that rejected ex-ante blocking of content to a permissive take towards ex-ante blocking beyond manifestly illegal content (see…

European Union, Exceptions and Limitations, Fair Use, Jurisdiction

(Universidade Católica Portuguesa)/ /Leave a comment

This post is the second installment of a synopsis of the doctoral thesis the author defended at Universidade Católica Portuguesa on 25 September 2020. The thesis was recently published by Kluwer Law International, as part of its Information Law Series. The first part of this post has established the need to reform the InfoSoc framework…

European Union, Exceptions and Limitations, Fair Use, Jurisdiction

(Universidade Católica Portuguesa)/ /Leave a comment

This post is the first instalment of a synopsis of the doctoral thesis the author defended at Universidade Católica Portuguesa (Lisbon) on 25 September 2020. The thesis was recently published by Kluwer Law International, as part of its Information Law Series.   Copyright exceptions fine-tune the reach of authors’ exclusive rights. They treat as non-infringing…

CDSM Directive, Exceptions and Limitations, France, Infringement

(UCLouvain)/ /Leave a comment

Until recently, the French police’s handling of the yellow vest (gilets jaunes) demonstrations was ‘only’ criticized for excessive use of force (notably by the UN Human Rights Council). The “disproportionate” police behaviour was substantiated by extensive video footage recorded by protesters. To avoid videos of their agents’ interventions being shared on social networks, however, the…

Exceptions and Limitations, International Agreement

, (Max Planck Institute for Innovation and Competition)/ /Leave a comment

Introduction A few weeks ago, the “International Instrument on Permitted Uses in Copyright Law” (hereinafter, the Instrument) was published with open access. The Instrument is the outcome of an international academic initiative that brought together around twenty outstanding copyright experts from various countries around the world. The group of experts convened its first meeting in…

CJEU, European Union, Exceptions and Limitations, Legislative process

(NOVA School of Law Lisbon/NOVA IPSI)/ /Leave a comment

Our daily life is studded with hints unveiling how the Internet is becoming a society within our society. From the terms and conditions we subscribe to in order to use it, to consolidated practices in the online world, the Internet mostly functions according to its own rules, which either abide by or clash with legal…

Artificial Intelligence (AI), Case Law, CDSM Directive, Exceptions and Limitations, Text and Data Mining (TDM), USA

(Macquarie Law School)/ /Leave a comment

Will the text and data mining (TDM) exceptions, introduced in arts 3 and 4 of the EU Directive on Copyright in the Digital Single Market (DSM Directive) and currently being implemented by the EU Member States, serve its purpose of promoting the development of AI technologies or will they remain (another) set of meaningless black…

CDSM Directive, CJEU, Digital Single Market, Exceptions and Limitations, Legislative process

(Luiss Guido Carli University) and (University College Dublin)/ /Leave a comment

The Directive on Copyright in a Digital Single Market (CDSM Directive, see here and here for an overview) is due to be implemented by the Member States of the European Union by 7 June 2021. The 27 Member States have struggled with transposing the CDSM Directive and have so far produced various transposition drafts, many of…

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

(Pazmany Peter Catholic University (Budapest) and Ministry of Justice of Hungary, Department of Competition Law, Consumer Protection and IP Law)/ /Leave a comment

As previously noted, on 18 June 2020 Hungary became the second Member State of the European Union to – partially – implement Directive 2019/790 on Copyright in the Digital Single Market (CDSM Directive). Under ordinary circumstances, the implementation of Art 5 of the CDSM Directive in Hungary would have been carried out along with the…

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

(London School of Economics) and (Institute for Information Law (IViR))/ /1 Comment

In a recent two part post on this blog, our esteemed colleagues, Jan Bernt Nordemann and Julian Waiblinger, argued that our 2019 working paper and the German implementation proposal reading of Article 17 Copyright in the Digital Single Market (CDSM) Directive are wrong when they treat that entire provision as lex specialis to Article 3…