On 17 May 2019 the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was officially published (DSM Directive). Article 17 (ex-Article 13) is one…
…provide publishers of press publications established in a Member State with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the online use of their…
…rightholders’ property right in Article 17(2) of the EU Charter on the one hand; samplers’ freedom of artistic creation in Article 13 (itself a manifestation of freedom of expression in…
…is whether it in fact makes Article 5(3)(k) and, at least, Article 5(3)(d) mandatory to implement. Although a quotation limitation is mandatory under Article 10(1) Berne Convention, the Member States…
…among diverse legal regulations. This blog post is based on the following article: R Matulionyte, ‘Can Copyright be Tokenized?’ European Intellectual Property Review (accepted for publication) Available at http://ssrn.com/abstract=3475214. …
…that users are able to rely on certain existing limitations. Furthermore, Article 17(9) introduces certain procedural safeguards for being able to rely on limitations. Thus Article 17(7) and (9) DSM…
…publishes an article that contains copyrighted content. The author is upset by the reporting, but deliberately avoids the obvious option of seeking injunctive relief under press law. Such a claim…
…of digital copies as an act of distribution (Article 4 InfoSoc) or of communication to the public (Article 3 InfoSoc). The AG argues that the drafters of the WCT, aware…
…an answer, the CJEU analyses the scope and conditions of application of the relevant provision of Article 5(3)(c), second case of the InfoSoc Directive. For the CJEU, the concept of…
…the guidance of the Commission. It remains to be seen whether Article 17(8) will be taken into account to assuage the actual monitoring the rest of Article 17 effectively imposes….
