CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Finland, France, Germany, Neighbouring rights, Netherlands, Press Publishers ’ Right, Spain

(Universidade Católica Portuguesa)/ /Leave a comment

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. The first part examined the legal nature of the VSE rule, concluding that it ought to be qualified not as an ‘exception’, but as a…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Neighbouring rights, Press Publishers ’ Right

(Universidade Católica Portuguesa)/ /Leave a comment

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications. By extending the rights of reproduction and…

Case Law, Exceptions and Limitations, Italy, Reproduction (right of)

(Scuola Superiore Sant'Anna)/ /Leave a comment

On 8 February 2022, the Italian Supreme Court (the Corte di Cassazione) issued an order that intervened on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l.aut.).[1] While the outcome was foreseeable and great part of its reasoning may be embraced without criticism, the core arguments of the decision…

Communication (right of), Estonia, Remuneration (equitable)

(Palladium Attorneys at Law)/ /Leave a comment

In the recent case of Estonian Performers Union (EEL) v vs. MTÜ Urban Style, the Estonian Supreme Court examined the circumstances that should be taken into account in determining the amount of the equitable remuneration that phonogram producers and performers are entitled to claim if a phonogram published for commercial purposes or a reproduction thereof…

European Union, Infringement

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Europol and the European Union Intellectual Property Office (EUIPO) have recently jointly published an Intellectual Property Crime Threat Assessment. This report explores piracy and counterfeiting and is based on data from across the EU as well as Europol’s operational information. The report concludes that piracy and counterfeiting continue to pose a serious threat to the…

CDSM Directive, Digital Single Market, Exceptions and Limitations, Jurisdiction, Text and Data Mining (TDM), United Kingdom

(University College London) and (The University of Nottingham)/ /Leave a comment

  Running from 29 October 2021 to 7 January 2022, the “Artificial Intelligence and IP: copyright and patents” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here). The consultation sought views on the prospects for facilitating patent and copyright protections for “inventions…

Authorship, Neighbouring rights, Originality, United Kingdom

(The University of Nottingham) and (University College London)/ /Leave a comment

Running from 29 October 2021 to 7 January 2022, the “Artificial Intelligence and IP: copyright and patents” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here). It followed the UKIPO’s previous, more exploratory inquiry into anticipated interactions between IP protection across the…

Conference, European Union

(The University of Nottingham)/ /Leave a comment

After two years of virtual-only meetings owing to the pandemic, on Friday 27 May 2022, the European Copyright Society (ECS) will gather in-person in Nottingham to discuss the constitutional turn and evolution of copyright law over the past few years, highlighting its influences from and interrelation with human rights law and related aspects such as…

Case Law, USA

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

Because the artists who would form part of the class had entered into licensing agreements with varying terms, individual issues would prevail over common questions. A district court improperly certified a class of songwriters and artists whose allegedly unlicensed performances can be downloaded and listened to from a popular music memorabilia website, the U.S. Court…

Database right, European Union, Legislative process

(Institute for Information Law (IViR))/ /Leave a comment

Last week the European Commission published its proposal for a Data Act. The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. As expected, the proposed Data Act introduces rules strengthening user access and portability…