Digital Single Market, European Union, Exceptions and Limitations, Text and Data Mining (TDM)

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

This contribution was posted first on 17 January 2023 on  The Digital Constitutionalist under the title: Safeguarding the Constitutional Role of Media as Fourth Estate of Democracy: Copyright as a Regulatory Framework for Freedom of Expression and Access to Information Online.   In September 2022, the European Commission published its draft European Media Freedom Act…

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

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Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. It…

CDSM Directive, Digital Single Market, European Union, Germany, Legislative process, Text and Data Mining (TDM)

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In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). Secondly, the legislature felt obliged, in response to certain CJEU…

Case Law, CDSM Directive, CJEU, Collective management, Communication (right of), Design Rights, Digital Single Market, Enforcement, European Union, Liability, NFTs, Round-up

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

Welcome to the fourth (and last) trimester of the 2022 round up of EU copyright law (even though slightly overdue)! While in the last three months of 2022 the CJEU was relatively quiet, the various EU policymakers have been very productive. In this series, we update readers every three months on developments in EU copyright…

CJEU, Communication (right of), European Union

(University of Frankfurt)/ /Leave a comment

Time and again, authors use their copyright to prevent press publications they do not like. Such use of copyright to suppress press reporting interferes with the fundamental right of communication, which not only serves individual expression but also safeguards the existence of a democratic society. In light of fundamental rights, copyright law cannot allow the…

Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

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As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. Last year was another busy one in the copyright world, with ongoing European copyright reform, a number…

Authorship, Originality, Ownership, Reproduction (right of)

(University of Manchester)/ /Leave a comment

It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. But we should also recognise the current…

Duration, France, Germany, Italy, Originality, Subject matter (copyrightable)

(Università di Pavia)/ /Leave a comment

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022)   Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. As is known, originality has always been the essential requirement…

CDSM Directive, Croatia, Digital Single Market, Jurisdiction, Legislative process, Press Publishers ’ Right

(Stockholm University)/ /Leave a comment

Give me twenty-six soldiers of lead and I will conquer the world.   This quote is often attributed to Johannes Gutenberg, Benjamin Franklin, Karl Marx, or all of the above. Even if we cannot identify the exact author of these words, we can recognise that these three individuals all understood the power of the twenty-six…