CJEU, European Union, Exceptions and Limitations

(European University Institute)/ /Leave a comment

Repair and maintenance information is often crucial for the repair of today’s increasingly complex and computerised products and devices. Copyright’s subsistence in repair manuals and information can run contrary to the public interest in access and dissemination of this information, leading to the premature product obsolescence and abandonment. The InfoSoc Directive’s non-mandatory exception for the…

Digital Single Market, European Union, Exceptions and Limitations, Remuneration (equitable), Transfer (of right)

(Institute for Information Law (IViR))/ /2 Comments

The increasing costs of publication under the Gold Open Access model and “Big Deals”   The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scientific publishing towards Open Access (OA).[1] OA publication of publicly funded scientific research bears the triple promise of…

European Union, Exceptions and Limitations, Legislative process

(CIPIL, University of Cambridge)/ /Leave a comment

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. The study analyses the relationship between EU copyright law and access to and reuse of scientific publications, including open access, as well as potential…

CDSM Directive, European Union, Exceptions and Limitations

(IÉSEG School of Management, Lille-Paris)/ /Leave a comment

Part 1 of this post outlined augmented reality (AR) technology, its applications in the cultural heritage sector and its potential copyright implications. This part discusses the relevant copyright exceptions and limitations.   Exceptions enabling AR for fostering education and participation in cultural life Currently, EU law does not contain any broad clause enabling exploitations related…

European Union, Exceptions and Limitations

(IÉSEG School of Management, Lille-Paris)/ /Leave a comment

Augmented Reality (AR) is a fast-evolving technology enabling the overlap of digital images with those from the real world. It makes use of several technological developments and in particular computing devices with wireless connectivity that let the user connect to the Internet and other devices in different places. Part 1 of this post outlines the…

CDSM Directive, CJEU, Conference, Digital Single Market, European Union

(CIPIL, University of Cambridge)/ /Leave a comment

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”). In a report published in September 2022, I undertook research into the…

CDSM Directive, Digital Single Market, European Union, Legislative process, Press Publishers ’ Right

(CIPIL, University of Cambridge)/ /Leave a comment

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). In a report published in September 2022, I undertook research into the…

Case Law, CDSM Directive, Digital Single Market, France, Legislative process, Remuneration (equitable)

(REALEX)/ /Leave a comment

The Conseil d’Etat, the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. 2021-580 of 12 May 2021 (‘2021 Order’) of the French Government that implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market…

Authorship, CJEU, European Union, Originality, Subject matter (copyrightable), United Kingdom

(University of Sussex)/ /4 Comments

Children provide a unique contribution to the discourse on creativity, copyright and intellectual property. From their ability to engage with colours and sounds as babies to the rich and extensive portfolio of works they create during their school years, children are constantly engaging in the process of authorship. A systematic study on the copyright of…

Digital Single Market, Italy, Reproduction (right of)

(University of Salerno) and (Hogan Lovells)/ /1 Comment

When Sandro Botticelli depicted his beloved Simonetta Cattaneo de Vespucci as main character of “the Birth of Venus” back in the fifteenth century, he possibly thought she would eventually fall in love with him. She was the painter’s very first love and was perhaps the most beautiful Italian lady of those times. Yet, she kept…