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CDSM Directive, Communication (right of), Digital Single Market, European Union, Exceptions and Limitations, Germany, Legislative process, Liability

Art. 17 DSMCD: a class of its own? How to implement Art. 17 into the existing national copyright acts, including a comment on the recent German Discussion Draft – Part 2

Jan Bernd Nordemann, Julian Waiblinger (NORDEMANN)/July 17, 2020June 20, 2023 /Leave a comment

Part 1 of this post illustrated the criteria differentiating Article 17 of the EU Directive on copyright and related rights in the Digital Single Market (“DSMCD”) from Article 3 InfoSoc…

CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Germany, Legislative process, Liability

Art. 17 DSMCD: a class of its own? How to implement Art. 17 into the existing national copyright acts, including a comment on the recent German Discussion Draft – Part 1

Jan Bernd Nordemann, Julian Waiblinger (NORDEMANN)/July 16, 2020June 20, 2023 /Leave a comment

…should implement the multi-level provision that is Art. 17 DSMCD into national law. A longer version of this post can be found on SSRN. Art. 17 DSMCD has sparked a…

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

In copyright reform, Germany wants to avoid over-blocking, not rule out upload filters – Part 2

Felix Reda (GFF (Society for Civil Rights))/July 10, 2020June 20, 2023 /Leave a comment

The first part of this post provided an introduction to the German implementation proposal for Article 17 DSM Directive (the Copyright Service Provider Act), and a discussion of the proposed…

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

In copyright reform, Germany wants to avoid over-blocking, not rule out upload filters – Part 1

Felix Reda (GFF (Society for Civil Rights))/July 9, 2020June 20, 2023 /1 Comment

…even went as far as promising that there would be “no upload filters” as a consequence of Article 17 of the DSM Directive. The recently published discussion draft for implementation…

CDSM Directive, Digital Single Market, European Union, Legislative process, Remuneration (equitable)

European Copyright Society’s (ECS) Comments on the implementation of the CDSM Directive in Member States – Part II (Liability of Platforms and Creators’ Contracts)

Tatiana Synodinou (University of Cyprus)/July 8, 2020June 20, 2023 /Leave a comment

…focus on the Comments on the implementation of Articles 17 and 18-22. Comment on the Implementation of Article 17 of the CDSM Directive (“Use of protected content by online content-sharing…

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

European Copyright Society’s (ECS) Comments on the implementation of the CDSM Directive in Member States – Part I (ECL and Works of Visual Art in the Public Domain)

Tatiana Synodinou (University of Cyprus)/July 3, 2020June 20, 2023 /Leave a comment

…The ECS first notes that Articles 8 and 12 of the CDSM Directive provide the first explicit legal basis for extended collective licences (ECL) in the EU copyright acquis. Article…

AG Opinion, Belgium, Case Law, CJEU, Design Rights, European Union, Originality, Subject matter (copyrightable)

The CJEU decision in Brompton Bicycle – A welcome double rejection of the multiplicity of shapes and causality theories in copyright law

Estelle Derclaye (The University of Nottingham)/June 25, 2020June 20, 2023 /1 Comment

…Court), which were slightly merged and reworded by the Court as follows: – Must Articles 2 to 5 of the InfoSoc Directive (2001/29) “be interpreted as meaning that the copyright…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Hungary, Legislative process

Hungary’s fast tracked implementation of Article 5 CDSM directive in response to the pandemic

Paul Keller (Institute for Information Law (IViR))/June 23, 2020June 20, 2023 /Leave a comment

…national law, after France, which implemented Article 15 (the new press publishers’ right) back in October last year. Hungary has now passed a law implementing Article 5 of the DSM…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Hungary, Legislative process

An update on the Hungarian implementation process of the CDSM Directive

Peter Mezei (University of Szeged, Hungary)/June 22, 2020June 20, 2023 /Leave a comment

…(on press publishers’ right) and 17 (on liability of platforms) of the CDSM Directive. This blog post therefore focuses solely on the proposed transposition of Article 17(7) of the CDSM…

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

The Dutch DSM copyright transposition bill: safety first (up to a point) – Part 3

Remy Chavannes (Brinkhof)/June 12, 2020June 20, 2023 /Leave a comment

…rights provisions are the result of lacunae in Article 17 itself, which the government has either chosen not to address or felt unable to address. For example, Article 17(9) does…

Kluwer Copyright Blog

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