Towards the Italian implementation of the CDSM Directive
…12 Articles and purports to reform the 1941 Italian Act on Copyright and Related Right (Italian Copyright Act) as follows. Article 1 implements Art.14 CDSMD, adding a new provision on…
Search Results for: article 17
The Extradition of Megaupload’s People and International Obligations for Criminal Liability for Copyright Infringement
…do so does not require finding a violation of the TRIPS Agreement. The relevant TRIPS obligation is a minimum standard and is thin on detail. Article 61 of TRIPS says,…
The DSM Copyright Directive: Article 15: What? – Part II
…Articles 20-23 by Ananay Aguilar The New Copyright Directive: Online Content-Sharing Service Providers lose eCommerce Directive immunity and are forced to monitor content uploaded by users (Article 17) by Miquel…
CDSM Directive, Digital Single Market, European Union, Legislative process, Press Publishers ’ Right
The DSM Copyright Directive: Article 15: Why and Why Not? – Part I
This blog looks at Article 15 of the (Directive on Copyright in the Single Digital Market (CDSM Directive), the press publishers’ right. Article 15, as regular readers of this blog…
Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty – Part II
…to achieve a compromise between the different policy goals that have been previously identified, the EU legislator should consider restructuring Article 5 of the InfoSoc Directive as a multi-tiered framework…
Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty – Part I
…much as the cheese”. The core of the EU law on copyright exceptions lies in Article 5 of the so-called InfoSoc Directive, as well as in the rules that guide…
It’s 23 April 2021, so where is the Advocate General opinion in Case C-401/19 Poland v Parliament and Council?
…the core contradiction contained in Article 17 still unresolved, it looks increasingly likely that less than a handful of Member States will manage to adopt Article 17 into national law…
The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II
…of blockchain-based systems for this area of law. As noted in a 2018 article by two of us, authors can publish works on a blockchain-based system creating a quasi-immutable record…
The French police attempt to censor Yellow Vest protestors with Dirty Dancing’s soundtrack
…types of behaviour multiplying in the future can only increase with the implementation of Art. 17 DSM Directive. As a reminder, Art. 17 introduces a change of paradigm concerning platforms’…
AG Opinion, Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Communication (right of), Database right, Digital Single Market, Enforcement, European Union, Infringement, Ownership, Round-up, Software
EU copyright law round up – first trimester of 2021
…probably due to challenges associated with implementing Article 17. On that front, Member States are likely waiting for the publication of the much anticipated European Commission Guidelines following the Stakeholders’…