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

(Lund University)/ /Leave a comment

Article 17 of the adopted DSM Directive requires that so-called online content-sharing service providers (OCSSPs) either obtain use licenses from rightholders or, failing that, enforce copyright ex ante by preventing uploads. At the same time, according to Article 17(7) any agreements between rightholders and OCSSPs cannot affect the availability of content created under the limitations,…

Authorship, Case Law, Legislative process, Ownership, United Kingdom

, (Bristows LLP)/ /Leave a comment

In a highly unusual move, the Court of Appeal has set aside the first instance judgment in Nicholas Martin v Julia Kogan [2017] EWHC 2927 and ordered that a new trial take place in the IPEC, but this time before a different judge. In its judgment, Julia Kogan v Nicholas Martin & others, [2019] EWCA…

Case Law, Damages, Estonia, Infringement

(Palladium Attorneys at Law)/ /Leave a comment

Although the defendant had allegedly illegally used the claimant’s software on only three days (over a period of two months), the court found it justifiable to award monetary damages in an amount equal to the standard yearly licence and maintenance fees for this software. The court held that this was the “normal” fee the defendant…

Case Law, USA

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

Exceptions to hearsay rule did not apply to songwriters’ evidence of copying against members of rock band who allegedly copied the songwriters’ bass riff when creating the band’s own song. Two songwriters who authored the song “Ain’t That a Lot of Love” failed to provide admissible evidence of direct copying or substantial similarity to survive…

Case Law, CJEU, European Union, Exceptions and Limitations, Germany

(NORDEMANN) and (University of Frankfurt)/ /Leave a comment

European Court of Justice decisions of July 29, 2019 (C-469/17  and C-516/17) The abuse of copyright as a “legal weapon” to suppress press reports is not a new development – for decades authors and rightholders have used their exclusive rights to prevent the publication of unpleasant information. The situation in practice The situation is always…

Conference, European Union, United Kingdom

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

CREATe Symposium: Glasgow, 8th-10th October 2019 CREATe, the UK Copyright & Creative Economy Centre at the University of Glasgow, is organising three days of events, public lectures and workshops (the CREATe Symposium 2019) to mark the start of a number of ambitious projects (as well as the continuation of others!) that will occupy us for the…

AG Opinion, Case Law, CJEU, Distribution (right of), European Union, Exhaustion

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

On 10 September 2019, AG Szpunar delivered his opinion in Nederlands Uitgeversverbond and Groep Algemene Uitgevers v. Tom Kabinet (C-263/18), concerning the lawfulness of Tom Kabinet’s sale of second-hand e-books. The referring court asked the CJEU whether the supply of e-books by downloading for permanent use is covered by the right of distribution under Article…

Case Law, CJEU, European Union, Exceptions and Limitations, Germany

(University of Cyprus)/ /Leave a comment

The turbulent relationship between copyright law and the freedoms of information and expression lies at the heart of the recent decision of the Court of Justice of the European Union (CJEU) in the case Spiegel Online GmbH v Volker Beck (C 516/17). Part I of this blogpost critically overviewed the CJEU’s main principles of analysis…

CDSM Directive, Communication (right of), Digital Single Market, European Union, Liability

(Universitat Oberta de Catalunya)/ /Leave a comment

A key feature of the Copyright Digital Single Market Directive (DSMD) is the legal regime it provides for Online Content-Sharing Service Providers (OCSSP). These are, essentially, internet platforms storing and giving the public access to a large amount of copyright-protected works or other protected subject matter uploaded by their users, which the platform organises and…