Infosoc directive

CDSM Directive, Communication (right of), Digital Single Market, European Union, Exceptions and Limitations, Germany, Legislative process

(London School of Economics) and (Institute for Information Law (IViR))/ /1 Comment

In a recent two part post on this blog, our esteemed colleagues, Jan Bernt Nordemann and Julian Waiblinger, argued that our 2019 working paper and the German implementation proposal reading of Article 17 Copyright in the Digital Single Market (CDSM) Directive are wrong when they treat that entire provision as lex specialis to Article 3…

CDSM Directive, Communication (right of), Digital Single Market, European Union, Exceptions and Limitations, Germany, Legislative process, Liability

, (NORDEMANN)/ /Leave a comment

Part 1 of this post illustrated the criteria differentiating Article 17 of the EU Directive on copyright and related rights in the Digital Single Market (“DSMCD”) from Article 3 InfoSoc Directive and came to the conclusion that the relationship between the two provisions cannot be explained by a sui generis right, which follows its own…

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

(University of Szeged, Hungary)/ /Leave a comment

Following a long and winding procedure, Directive 2019/790 on Copyright in the Digital Single Market (CDSM Directive) and the SatCab 2.0 Directive (2019/789) were adopted last year. EU Member States started the implementation at different paces. (See CREATe and Communia’s datasets on national implementations.) Following a multi-event public consultation period in autumn 2019, the Hungarian…

AG Opinion, Belgium, Case Law, CJEU, Design Rights, European Union, Infringement, Subject matter (copyrightable)

(The University of Nottingham)/ /Leave a comment

This case concerned the famous Brompton bicycle which can be folded to carry away after use (Case C‑833/18, SI, Brompton Bicycle Ltd. v. Chedech / Get2Get). The bike was once protected by a patent and, following its expiry, the defendant (Chedech/Get2Get) embarked on selling a similar bike in Belgium (the designs of the two bikes…

Case Law, CJEU, Design Rights, European Union

(Elzaburu)/ /Leave a comment

The Court of Justice of the European Union (CJEU) defines the principle of cumulative protection under the systems for protection of designs and of works, in order to clarify the circumstances in which designs and models may additionally be considered a “work” and be entitled to the protection conferred by copyright under the InfoSoc Directive….

CJEU, European Union, Exceptions and Limitations, Germany, Infringement, Reproduction (right of)

(Institute for Information Law (IViR)) and (University College Dublin)/ /Leave a comment

The first part of this blogpost discussed the interpretation given to the right of phonogram producers under Article 2(c) of Directive 2001/29/EC (InfoSoc Directive) and Article 9(1)(b) of Directive 2006/115 (Rental and Lending Rights Directive) by the Court of Justice of the European Union (CJEU or Court) in Pelham. Contrary to the Opinion of Advocate…

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…

CJEU, Communication (right of), Digital Single Market, European Union, Legislative process, Liability

(Franklin Pierce Center for IP, Univ. of NH)/ /1 Comment

In the run-up to the Plenary vote of the European Parliament in June and again currently, some academics and other voices have criticized the JURI Committee Report especially on Article 13 of the Proposal for a Directive on Copyright in the Digital Single Market. Among others, they purport that these proposals would contravene the acquis…

CJEU, Damages, Enforcement, European Union, Infringement, Injunction, Legislative process, Liability, Remedies

(NORDEMANN)/ /Leave a comment

In an in-depth analysis for the European Parliament, the author has looked at liability of online service providers with regard to infringements concerning copyright protected content. In particular, the paper tries to answer the question of whether regulatory action is needed in relation to the liability of online service providers for copyright protected content. The…

Case Law, CJEU, Collective management, European Union, France, Legislative process

(General Secretary of the Sofia (Société Française des Intérêts des Auteurs de l’écrit))/ /Leave a comment

Following an interlocutory question from the French Council of State, in a dispute concerning the legality of the decree of 27 February 2013 on the application of the law of 1 March 2012 on the digitisation of out-of-print books of the 20th century, the Court of Justice of the European Union (Case C-301-15) rightfully stated that…