Digital Single Market, European Union, Legislative process

(Berkeley Law School)/ /1 Comment

Forthcoming in the November 2018 issue of Communications of the ACM, a computing professionals journal, is a column entitled “Legally Speaking: The EU’s Controversial Digital Single Market Directive” by Professor Pamela Samuelson, Berkeley Law School. The editors of Communications of the ACM have given permission for this column to be pre-published for the Kluwer Copyright…

Case Law, USA

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

Real estate photographers failed to provide evidence that software provider CoreLogic, Inc., removed copyright management information (CMI) from licensed photos posted to listing services by real estate agents using CoreLogic’s software with the requisite mental state for liability under the Digital Millennium Copyright Act (DMCA), the U. S. Court of Appeals in San Francisco has…

Digital Single Market, Legislative process

(Vanderbilt University Law School)/ /1 Comment

It is difficult to find an article on any topic in the field of intellectual property (IP) that does not call for reform. Many legislative efforts are afoot in the EU to “update” IP norms, including a proposed Directive on copyright in the Digital Single Market. The same is happening elsewhere but most of those…

European Union, Legislative process

(Max Planck Institute for Innovation and Competition)/ /Leave a comment

While awaiting the vote (on 5 July 2018) of the European Parliament on the Legal Affairs (JURI) Committee Proposal on Article 13 of the draft Directive on Copyright in the Digital Single Market – commented on previously by Christina Angelopoulus – in this post we will focus on the Proposal agreed on by the European…

European Union, Legislative process

(CIPIL, University of Cambridge)/ /Leave a comment

Last week, the Legal Affairs (JURI) Committee of the European Parliament voted in favour of Rapporteur MEP Axel Voss’s proposal on Article 13 of the draft Directive on Copyright in the Digital Single Market. The saga surrounding this infamous text is however far from over. A group of MEPs are currently challenging the JURI version…

Digital Single Market, Enforcement, European Union, Legislative process, Liability

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The debate on Art. 13 Draft DSM Directive has gained speed, after the Commission’s initial 2016 proposal was supplemented by the Council’s proposal of May 25, 2018, and after the European Parliament’s JURI Committee on June 20, 2018 also voted on an own proposal for Art. 13 Draft DSM Directive. The plenary vote is due…

Case Law, USA

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

Rapper Jay-Z has won another round in his defense against claims that he infringed the copyright in a 1957 arrangement of an Egyptian composer’s song, “Khosara, Khosara” when he used a sample from the arrangement in the background music to his hit single “Big Pimpin’.” The U.S. Court of Appeals in San Francisco affirmed a…

Case Law, CJEU, European Union, Netherlands, Originality, Subject matter (copyrightable)

(IViR)/ /Leave a comment

On 4 June 2018, one of the core concepts of copyright – the copyright work – was disputed at the Court of Justice of the European Union (CJEU). The “cheese battle”, which started in 2015 at the Court of First Instance in Gelderland (the Netherlands) between HEKS’NKAAS (applicant) and ‘Witte Wievenkaas’ (defendant), resulted in a…

Communication (right of), Distribution (right of), Exhaustion, Making available (right of), Reproduction (right of)

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

As the jurisprudence of the European Court of Justice and ongoing discussions in the EU legislature illustrate, the economic rights granted to right holders under EU copyright law – the rights of reproduction, communication to the public and distribution – have become increasingly unpredictable. While the right of reproduction already covers almost every direct or…

Digital Single Market, European Union, Legislative process

/ /1 Comment

Here at the Kluwer Copyright Blog we are thrilled to have had the opportunity to ask Felix Reda MEP a few questions on the controversial Proposal for a Directive on copyright in the Digital Single Market (DSM Directive). But first, some background. The original proposal was submitted in November 2016 by the Commission. The ordinary…