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Blogpoll: towards a Text & Data Mining exception in EU copyright law?

In the September 3rd edition of Science∣Business, Julia Reda, German Pirate Party member of the European Parliament (MEP) sitting on the EP Justice Committee, was said to be confident that a mandatory text and data mining (TDM) deal could be introduced for researchers.

This should come as music to the ears of the members of the scientific community, for evidence suggests that Europe’s strict copyright rules have a negative impact on text and data mining activities in academic research compared to other countries with more flexible copyright regimes (see: ‘Is Europe Falling Behind in Data Mining? Copyright’s Impact on Data Mining in Academic Research’ by C. Handke, L. Guibault and J.J. Vall [...]

The UK Consults on the Collective Rights Management Directive

By Jeremy Blum and Jade McIntyre, Bristows

Blum_Jeremy2 The EU Directive on the collective management of copyright and multi-territorial licensing of online music (“the Directive”), published on 26 February 2014, entered into force on 10 April 2014 and must be transposed into national law by 10 April 2016. The policy underpinning the Directive is part of the European Commission’s ‘Digital Agenda for Europe’ and the ‘Europe 2020’ strategy for ‘smart, sustainable and inclusive growth’.

The purpose of the Directive is to:

  • Modernise and improve standards of governance, financial management and transparency of all EU collective management organisations (CMOs), so that rights-holders have [...]
The National Lottery wins the prize

GeriA recent judgment by the CJEU set aside a decision of the General Court annulling an OHIM decision to invalidate a Community trade mark owned by the National Lottery Commission, based on the presumed existence of an earlier copyright. The CJEU remitted the case back to the General Court for a ruling taking into account the right of the parties to a fair trial. After eight years and after passing through the entire gamut of the European Union’s appeal proceedings, the copyright was finally declared non-existent and the trade mark valid.

On 2 October 2007 the applicants, the National Lottery Commission (now the Gambling Commission), obtained Community trade mark registration no. 4800399, repro [...]

Freedom of panorama: what copyright for public art and architectural works?

Lilla MontagnaniThe relationship between copyright and public art has always been difficult. From the initial reluctance to include architectural works as copyrightable subject matter because of their functional dimension, to the attempt at copyrighting works that, like the Egyptian pyramids, have never been protected (see here), passing on through the cases of “duplitectural marvels”. Moving beyond the question of why, when in China, we would want to visit the Austrian town of Hallstatt, these trends do say something. They show that we have entered into the age of repeatability for architecture, as recently demonstrated by the copy of Zaha Hadid’s Wangjing Soho that has been built in Chongqing. On t [...]

IViR Survey Shows Public Support for Legalizing Digital Content Sharing through Alternative Compensation System

quintais Since 2012 a multidisciplinary research group at the Institute for Information Law (IViR), University of Amsterdam has been conducting a large-scale empirical study of Alternative Compensation Systems (ACS). In simple terms, ACS are legal mechanisms that for a small monthly fee would authorize non-commercial online uses by individuals, including the downloading and sharing of protected works (such as music, films, and books), while compensating rights holders.

On Saturday, 11th of July, 2015, we will present our results in Amsterdam, and discuss the implications of our findings in three high-profile panels examining the economic, socio-political and legal aspects of ACS . (You can access th [...]

Germany: No Digitisation without Reproduction

benjamin-schuetzeOn 16th April 2015 the German Federal Court of Justice (BGH) delivered its final judgment in a lengthy legal standoff, which began its journey through the judiciary in 2009. The judgment is not yet available but is discussed in a press release here.  Since that time libraries and publishing houses have fought with one another over the meaning of access to digital content, the right to reproduction and traditional copyright exploitation schemes. The dispute at hand revolved around Sec. 52b of the German Copyright Act (Urheberrechtsgesetz), containing a statutory copyright limitation which permits certain institutions such as public libraries, museums and archives to make published works of w [...]

EU Digital Single Market copyright law: “Impressionist”, but not impressive

RENOIROn May 6th, 2015 the European Commission revealed its eagerly anticipated plans for the EU digital single market. The EU Digital Market strategy, which aims to open up digital opportunities for individuals and businesses and enhance Europe’s position as a world leader in the digital economy, is built on three pillars: (1) better access for consumers and businesses to digital goods and services across Europe; (2) creating the right conditions and a level playing field for digital networks and innovative services to flourish; and (3) maximising the growth potential of the digital economy.

As far as copyright law is concerned, the EU digital single market initiative has rapidly emerged as a new [...]

Blocking Marrakesh: an argument based on a house of cards

Ana-Ramalho Back in April 2014, following the Council’s authorization, the EU signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (“Marrakesh Treaty”). Under the Treaty, parties are to adopt copyright exceptions to facilitate access to formats of works accessible to persons who are blind, visually impaired, or print disabled. Countries must moreover provide for the cross-border exchange of accessible-format works.

There were however no less than 7 Member States that considered that the Treaty fell under an area of shared competence between the EU and the Member States. According to the opposing Member State [...]

Flexibility. Is it all a matter of methodology and assumptions?

Image from page 53 of "American Fence, Catalog no. 27" (1915) Benjamin Gibert’s report for the Lisbon Council entitled ‘The 2015 Intellectual Property and Economic Growth Index: Measuring the Impact of Exceptions and Limitations in Copyright on Growth, Jobs and Prosperity’ raised eyebrows in The Netherlands. Not that the conclusion that ‘countries that employ a broadly “flexible” regime of exceptions in copyright also see higher rates of growth in value-added output throughout their economy’ came as a surprise, but no one ever expected The Netherlands to score lower than France on the topic of flexibility in copyright! Really!

How to explain my and other Dutch copyright experts’ dismay at this finding? Would the answer perhaps lie in the methodolo [...]

TV Catchup in CJEU Repeat

Savvides_TheoIn a decision that could have serious implications for websites providing real time streaming of free to air broadcasts, the English Court of Appeal has recently handed down its Judgment in the case of ITV Broadcasting Limited and others v TV Catchup Limited and others [2015] EWCA Civ 204.  The outcome is that the action brought by a number of British free to air broadcasters (ITV, Channel 4 and Channel 5) against TV Catchup, an internet TV streaming service, has been referred to the Court of Justice of the European Union (the “CJEU”) for a second time. 


Readers may remember that this case has already been referred to the CJEU (Case C-607/11), who held that the concept of c [...]

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