Top 3 Posts of the Spring from our IP Law Blogs
…ownership of a copy of the work made by the rightholder or with his consent (Article 4(2) InfoSoc Directive). This rule has mostly been of straightforward application to physical copies…
Search Results for: article 17
The New Copyright Directive: Article 14 or when the Public Domain Enters the New Copyright Directive
…16 and Article 6 of the Term Directive) will be affected for photos that fall under the scope of Article 14. The raison d’être of the article and its wording…
The New Copyright Directive: Collective licensing as a way to strike a fair balance between creator and user interests in copyright legislation (Article 12)
…Interestingly, another article in the Directive (Article 9) provides for a cross-border mechanism related to ECL regarding certain uses carried out by cultural institutions (Article 8), and article 12.6 (and…
CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Legislative process
The New Copyright Directive: Digital and Cross-border Teaching Exception (Article 5)
…to rely on the basic exception. This can still, pursuant to Article 5(4), be subject to the requirement of fair compensation. Conclusion The reach of Article 5 (then Article 4)…
Oh Canada! True Patriot Love (for Thy Copyright Act Review)
…Crown copyright. As for suggestions made to the committee that Canada follow the EU’s lead, adopting something akin to the controversial Article 17 of the EU DSM Directive as “an…
CDSM Directive, Digital Single Market, European Union, Legislative process, Press Publishers ’ Right
The New Copyright Directive: A tour d’horizon – Part II (of press publishers, upload filters and the real value gap)
…and national governments). Article 17 tries to avoid some of its negative effects in different ways. First, in Article 17(5), by fleshing out a number of non-exhaustive factors (e.g. the…
European Copyright Roundtables: Implementing the Digital Single Market Directive
…17 DSMD on Article 3 InfoSocD? Is bifurcation of the case-law still possible? (for online content-sharing service providers OCSSPs to follow Article 17 and for other services to return to…
European Copyright Roundtable: How to implement new rules for online platforms?
…legal text. The purpose is not to reopen entire policy debates. With the help of the academic community, the organisers have assembled a list of pertinent questions regarding Article 17…
Article 17 of the New Copyright Directive: A French mission on content recognition technologies
…application of this Article, in particular with regard to the cooperation referred to in paragraph 4” (Article 17 is indeed difficult to implement, and Martin Husovec is organising a debate…
The New Copyright Directive: A tour d’horizon – Part I
…has already filed an action for annulment under Art. 263 TFEU, apparently focusing on the most problematic aspects of Article 17. Part I of this post briefly discusses the legislative…