CDSM Directive, European Union, Legislative process

(University of Cyprus)/ /Leave a comment

Articles 8-11 of the Directive on Copyright in the Digital Single Market (CDSM) aim to establish a clear framework for the digitisation and dissemination, including across borders, of works or other subject matter that are considered to be out of commerce. Mass digitisation and the making available online of copyright protected content brought new dimensions…

CDSM Directive, Digital Single Market, European Union, Legislative process, Text and Data Mining (TDM)

(Institute for Information Law (IViR))/ /Leave a comment

Art. 2(2) of the DSM Directive defines ‘text and data mining’ as “any automated analytical technique aimed at analysing text and data in digital form in order to generate information which includes but is not limited to patterns, trends and correlations”. Text and data mining (TDM) generally refers to the computer-based analysis of large bodies…

Case Law, USA

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

A clothing company that knowingly included inaccurate information in its copyright application—which rendered its registration invalid—was ordered to pay $121,423 in costs and attorney fees to retail outlets that successfully defended themselves against infringement claims. In a copyright infringement action brought by clothing company Gold Value International Textile, Inc,. alleging infringement of its fabric design…

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

(University of Cambridge)/ /Leave a comment

Chapter 3 of Title IV of the Directive encompasses a set of six articles specifically directed at authors and performers (henceforth ‘creators’). For many industry stakeholders, this set of articles goes hand in hand with the controversial article 17 (most recently discussed on the blog here, here and here). In conversation with Crispin Hunt, Chair…

Case Law, USA

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

Although the litigant was unsuccessful in her prior litigation, allowing her to proceed now by asserting facts completely opposite to those she asserted earlier would create the perception that the earlier court was misled. A litigant who previously had claimed that she was the co-author of a 1978 Julio Iglesias song was estopped from now…

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

(Institute for Information Law (IViR))/ /Leave a comment

According to Article 14 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive), “when the term of protection of a work of visual art has expired, any material resulting from an act of reproduction of that work is not subject to copyright or related rights, unless the material…

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

(Department of Business Law, Lund University)/ /Leave a comment

Introduction On 17 April the new EU Directive on copyright and related rights in the Digital Single Market (the DSM Directive) was adopted, following intense negotiations in the Council and the European Parliament. The Directive builds on a proposal put forward by the European Commission in September 2016, which itself stemmed from several studies and…

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

(University College Dublin)/ /Leave a comment

Introduction The CDSM Directive introduces exceptions or limitations (E&L) for three different purposes. These are (as already outlined here) text and data mining (Articles 3 and 4), cross-border teaching (Article 5) and the preservation of cultural heritage (Article 6). The specific E&L are flanked by a general provision that prohibits contractual derogations from these mandatory…

Canada, Legislative process

(Osgoode Hall Law School)/ /Leave a comment

Readers in Europe and around the world may have heard some refreshingly contented murmurings recently about a new—and, “miraculously, an eminently sensible”—copyright policy report coming out of Canada. The report of the Standing Committee on Industry, Science & Technology, released earlier this month, was the culmination of a statutorily mandated parliamentary review of Canada’s Copyright…