AG Opinion, CDSM Directive, CJEU, Design Rights, Digital Single Market, European Union, Private copying, Round-up

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

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You can read the previous round-ups here. CJEU…

Digital Single Market, Enforcement, European Union

(Ghent University)/ /Leave a comment

To reduce situations of economic lock-in, EU law increasingly grants portability rights: entitlements for beneficiaries to “claim back” certain data that they provided or created, and/or to have those data transferred directly from one party to another party of the beneficiary’s choice. As a follow-up to a previous post about the concept of portability and…

Contract, Digital Single Market, European Union, Exceptions and Limitations

(Ghent University)/ /Leave a comment

Data portability rights are hot in EU legislation. Although these rights are doomed to create conflicts with copyright, neighbouring rights and the sui generis right in databases, their relation to IP has largely remained unaddressed for now. The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data…

CDSM Directive, Digital Single Market, European Union, Liability

(University of Szeged, Hungary) and (University of Szeged)/ /Leave a comment

This is not the first time that readers of the Kluwer Copyright Blog will have read about either the CDSM Directive or the reCreating Europe project. This post enriches the body of work in this area by summarizing the key findings of our two-phase empirical research on end-user flexibilities and end-user license agreements (EULAs) of…

Case Law, Enforcement, Infringement

(University College Dublin)/ /Leave a comment

In Safarov v. Azerbaijan (Appl. no. 885/12) the European Court of Human Rights (ECtHR) finds that the defendant State violated Article 1 of Protocol No.1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In its judgment of 1 September 2022, the Court determines that Azerbaijan failed to enforce copyright…

CDSM Directive, CJEU, Conference, Digital Single Market, European Union, Exceptions and Limitations, Liability

(University College Dublin)/ /Leave a comment

This blog post is a scene-setter for the GFF/COMMUNIA conference “Filtered Futures – Fundamental Rights Constraints of Upload Filters after the CJEU Ruling on Article 17 of the Copyright Directive” taking place in Berlin on September 19, 2022. A live stream of the conference will be available here. In three sessions, contributors will be examining…

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

(Stirling University)/ /Leave a comment

The thorny issue of internet intermediary liability seems to continue preoccupying EU policymakers. While internet intermediaries act as gatekeepers of content that is transmitted online, their services seem to attract a high number of copyright infringements. Effective and prompt solutions to combat online piracy are more than urgent. This blogpost provides a critical reflection on…

CDSM Directive, Digital Single Market, Enforcement, European Union, Legislative process

(Institute for Information Law (IViR)), (University of Szeged, Hungary), (University of Szeged), , (University of Bremen), ( Københavns Universitet Centre for Information and Innovation Law (CIIR), University of Copenhagen), and (University of Copenhagen - Faculty of Law)/ /Leave a comment

In the context of the reCreating Europe project a recent interdisciplinary report was published on Copyright Content Moderation in the EU. The report addresses the following main research question: how can we map the impact on access to culture in the Digital Single Market (DSM) of content moderation of copyright-protected content on online platforms? This…

Case Law, Infringement, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

The photographer’s mere showing of removal of embedded copyright management information (CMI) in hotel photographs is insufficient to meet the scienter requirement. The federal appeals court in Atlanta, Georgia has refused to reinstate a case brought by a photographer claiming a violation of the Digital Millennium Copyright Act (DMCA) against a hotel intermediary that provided…