European Union

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

(GFF (Society for Civil Rights))/ /Leave a comment

EU Member States are currently grappling with the task of implementing the Directive on Copyright in the Digital Single Market (DSM Directive) into national law. The European Commission is preparing its guidance to help national legislators make sense of its most controversial part, Article 17. These legislative developments have prompted a series of remarkably similar…

Case Law, CJEU, Enforcement, European Union, Germany, Infringement, Liability

(NOVA School of Law Lisbon)/ /Leave a comment

On 9 July 2020, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-264/19 Constantin Film Verleih v YouTube and Google Inc. Providing clarification on the scope of the copyright holder’s right to information, the CJEU decided that the notion of “address”, as set in Directive 2004/48/EC (Enforcement Directive), does…

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

(Pazmany Peter Catholic University (Budapest) and Ministry of Justice of Hungary, Department of Competition Law, Consumer Protection and IP Law)/ /Leave a comment

As previously noted, on 18 June 2020 Hungary became the second Member State of the European Union to – partially – implement Directive 2019/790 on Copyright in the Digital Single Market (CDSM Directive). Under ordinary circumstances, the implementation of Art 5 of the CDSM Directive in Hungary would have been carried out along with the…

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

(London School of Economics) and (Institute for Information Law (IViR))/ /Leave a comment

In Part 1 of this blog post we addressed certain criticisms from our esteemed colleagues Jan Bernt Nordemann and Julian Waiblinger to our 2019 working paper and the German implementation proposal of Article 17 of the Copyright in the Digital Single Market (CDSM) Directive. In this Part 2, we argue why the latter proposal is…

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…

Case Law, CJEU, European Union, France, Infringement, Software

(REALEX)/ /Leave a comment

The Court of Justice of the EU has handed down its judgment (18 December 2019, Case C-666/18) following the request for a preliminary ruling from the Paris Court of Appeal (IT Development v Free Mobile, 16 October 2018, No 17/02679; see our post here). In answer to the question: does the breach of a software…

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

(University College Dublin) and (NOVA School of Law Lisbon)/ /Leave a comment

Summary On 30 April 2020, the German Federal Court of Justice (BGH) delivered its ruling in the ‘Metall auf Metall’ saga. It decided that the appeals court had erred in finding that reproduction of a two-second sample infringed the reproduction right of a phonogram producer before the coming into force of Directive 2001/29/EC (InfoSoc Directive)….

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

(FNRS researcher at JurisLab ULB and lecturer at UCLouvain and Ecole de Recherche Graphique)/ /Leave a comment

The new Directive for Copyright in the Digital Single Market (“DSM Directive”) was a controversial piece of legislation. Notably, its article 17 has raised many concerns for its impact on fundamental rights, and particularly freedom of expression. In contrast to the mostly declarative or procedural guarantees included in the directive, I argue that an effective…

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

, (NORDEMANN)/ /Leave a comment

Part 2 of this publication will be published on the Kluwer Copyright Blog shortly.  “… [T]his Directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area, in particular Directives … 2001/29/EC.”. Art. 1(2) of the EU Directive on copyright and related rights…