It certainly feels like the CDSM Directive has been the hottest topic in copyright law for quite some time now. If we had to be more specific and identify one main protagonist, the answer would unequivocally be: Article 17. Since its birth with the European Commission’s proposal, all the way through to the guidance from…
In Part 1 of this blog post, we explained the importance of the CJEU judgment in joined cases C-682/18 (YouTube) and C-683/18 (Cyando) for the application of copyright law, even after the introduction of a new copyright liability regime for certain online platforms through Art. 17 DSM Directive. In this part 2, we turn to…
The European Court of Justice (CJEU) ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. 3 (1) InfoSoc Directive, has been eagerly awaited for a long time. Such a long time – almost a year has passed since the Advocate General opinion (see here) – that…
In February 2019, Tamita Brown, Glen S. Chapman, and Jason T. Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “Fish Sticks n’ Tater Tots” by using it in their documentary titled ‘Burlesque’ (Brown v. Netflix, Inc.)….
Italian case law on dynamic injunctions and the impact of piracy of live sport events In previous posts on this Blog we have analyzed some developments in Italy with regards to private and administrative enforcement against illicit distribution of copyright content over the Internet and the use of the dynamic injunction, with special focus on…
An eight-second piece of the song “Fish Sticks n’ Tater Tots” was transformative and reasonably related to the documentary’s purpose of commenting on the resurgence of burlesque dancing. A documentary film’s incorporation of an eight-second excerpt of the children’s song “Fish Sticks n’ Tater Tots” was a noninfringing fair use, the U.S. Court of Appeals…
Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. This has caused extensive debates on the national level comparable to the debate that took place when Art. 17 DSM Directive was introduced in 2019. But…
In the midst of the economic and social paralysis arising from the COVID 19 pandemic, the tireless discipline of law has prevailed as always, if anything with increased activity. The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number…
On 3 June 2021, the CJEU handed down its judgment in CV-Online Latvia v Melons (with Ilešič as a reporting judge), a case involving Melons’ infringement of CV-Online Latvia’s database of job advertisements arguably protected by the sui generis right. The facts of the case are expertly described by Tatiana Synodinou in her comment on the…
To mark the deadline for the national implementation of the Directive on Copyright in the Digital Single Market (CDSMD) and present the mid-term results of its cross-disciplinary and transnational research, the Horizon 2020 project reCreating Europe is organising the web conference “The implementation of the CDSM Directive: snapshots into the future of EU copyright law”,…
