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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Eva Vonau

Posts by Eva Vonau
Posted in Copyright, Entertainment & Content Penny ThorntonDr. Nils RauerEva Vonau

Hyperlinking in Hamburg and Prague: How national courts apply GS Media

On 8 September 2016, the European Court of Justice (CJEU) handed down judgment C-160/15 on the means of hyperlinking which caught quite some attention. It has become known as the GS Media decision (see our blog post). In essence, this CJEU judgment imposed new verification duties on commercial website owners who embed hyperlinks to third-party content in their web … Continue Reading

Posted in Copyright, Digital Single Market (EU), Policy & Regulation Penny ThorntonDr. Nils RauerEva Vonau

EU Commission agrees new rules allowing Europeans to watch online content services across EU borders

On 7 February, negotiators for the European Parliament, Member States and the Commission agreed the proposal for a regulation on EU cross-border portability of online content services. This is the first agreement relating to the modernisation of EU copyright rules proposed by the Commission as part of the Digital Single Market strategy.

Under the new rules, which will come into … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerEva Vonau

EP Committee on Legal Affairs: Cross-border portability and obligations for service providers

A further step towards the reform of European copyright was taken On 29 November 2016. The Committee on Legal Affairs of the European Parliament (JURI) not only voted for a proposal for a regulation on ensuring the cross-border portability of online content services in the internal market; in its Brussels meeting, JURI also organized a public hearing regarding one specific … Continue Reading

Posted in Copyright, Entertainment & Content Dr. Nils RauerEva Vonau

CJEU: Exceptions of InfoSoc do not cover out-of-commerce works

Is it permitted to reproduce out-of-commerce works and make them publicly accessible under European copyright exceptions? So far, there is no explicit regulation at European level dealing with out-of-commerce works. However, a few member states, including Germany, have already complemented their copyright by way of introduction of new provisions governing the use that one can make of out-of-stock works. In … Continue Reading

Posted in Copyright, Entertainment & Content Dr. Nils RauerEva Vonau

CJEU: Landmark decision on digital lending of e-books

On 10 November 2016, the European Court of Justice (CJEU) rendered a landmark decision on the lending of e-books. Public libraries may rely on statutory copyright exceptions when lending out e-books and are not required to obtain a contractual license explicitly covering such e-lending right. With its decision, the CJEU applies the same legal principles to e-books that already govern … Continue Reading

Posted in Copyright, Entertainment & Content Dr. Nils RauerEva Vonau

EU: Advocate General comments on radio and TV in hotel rooms

Guests entering hotel rooms expect to be able to turn on the TV or listen to the radio. Accordingly, TVs and radios feature in almost any hotel room around the world. However, this commodity has been the trigger for numerous legal disputes in recent years. As always, the quarrel is about money.

In this post we look at proceedings which … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerEva VonauCamille Pecnard

Webinar recording: Digital Single Market – The New European Copyright

On Friday, 23 September 2016, we held a well-received webinar on the Commission’s latest package of legislative initiatives in the copyright environment. This included a concise review and summary of the six draft directives, draft regulations, communications and impact assessments the commission has bundled in its “Second Copyright Package” as published on 14 September 2016. Specifically, we touched … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerEva Vonau

DSM Watch: A closer look at the draft EU Regulation on online transmissions of broadcasting organisations and closed networks

Last week, the European Commission officially released a communication on its endeavours to modernize the EU copyright rules. The paper was accompanied by several – long awaited – legislative proposals aiming for modelling future European copyright law (see blog post).

Following-up on our introductory blog post last week, we now take a closer look at the proposed Regulation on … Continue Reading

Posted in Copyright Dr. Nils RauerEva Vonau

CJEU renders next landmark decision – this time on free Wi-Fi

So far, September has been a busy month in Luxembourg. On 8 September 2016, the Court of Justice of the European Union (CJEU) handed down a ground-breaking judgment on hyperlinking (Case Ref.: C-160/15 – GS Media, see our earlier post). On 15 September 2016, this equally important verdict followed (Case Ref.: C-484/14McFadden). The judges had … Continue Reading

Posted in Copyright, Digital Single Market (EU) Alastair ShawDr. Nils RauerEva Vonau

DSM Watch: Legislative proposals on Copyright officially released

These are exciting days for copyright fans. Yesterday, the European Commission officially published a communication accompanied by several – long awaited – legislative proposals regarding the future of the European copyright law (see this press release). The content of the individual documents does not come as a surprise given that we have seen a number these documents leaked as … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerEva Vonau

DSM Watch: Draft of Commission’s Copyright Communication leaked

It is a busy time in Brussels right now. Within the last few days, we have seen leaked drafts of a comprehensive staff working paper on the modernization of EU copyright rules, a draft copyright directive and a draft regulation on online transmission of broadcasts (see our respective blog post). At the end of last week, these were followed … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerEva Vonau

DSM Watch: Draft of new Copyright Directive leaked

Apparently, summer season is over in Brussels. Already last week, a comprehensive staff working paper was leaked dealing with the European Commission’s aim to modernize copyright law within the EU. (see our respective blog post). Then on Wednesday, a first draft of the new Copyright Directive became public. It deals with, among other points, new and mandatory limitations … Continue Reading

Posted in Copyright, Digital Single Market (EU) Alastair ShawDr. Nils RauerEva Vonau

EU: DSM-Watch – Commission staff working document on copyright reform leaked

As part of the Commissions Digital Single Market Strategy, the European copyright rules are also under review. So far, a rather general communication “Towards a modern, more European copyright framework” as well as a draft regulation on cross-border portability have been published (blog post series). This was in December 2015. Since then, particularly the draft regulation … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerEva Vonau

Advocate General comments on lending of e-books

Will the lending of e-books be governed by the same rules as the lending of “classic” printed books? This is an important question that public libraries and others are eagerly trying to get answered in Europe. The Court of Justice of the European Union (CJEU) currently is sitting over a case that deals with exactly this query. At the heart … Continue Reading

Posted in Copyright Dr. Nils RauerEva Vonau

CJEU: TVs in a rehab facility constitute a “communication to the public”

On 31 May 2016, the European Court of Justice (CJEU) handed down a long awaited decision regarding the interpretation of the term “communication to the public” (Case Ref. C-117/15). Over recent years, the interpretation of this term has been heavily under discussion. It was subject-matter of various lawsuits in many Member States as well as before the … Continue Reading

Posted in Broadcasting, Digital Single Market (EU) Winston MaxwellMarco BerliriAlberto BellanEva Vonau

DSM Watch: EU Commission proposes expanded audiovisual regulation

On 25th of May the European Commission published the draft for the amended Audiovisual Media Services Directive (AVMS Directive), which regulates broadcasting and on-demand audiovisual media services in Europe. The Commission’s draft extends the scope of audiovisual regulation to cover new online services.

Regulation of internet video channels

Currently the AVMS Directive only covers content that is comparable “… Continue Reading

Posted in Copyright Dr. Nils RauerEva VonauDiana Ettig

EU: Advocate General – Hyperlinking is lawful regardless whether content was uploaded with or without permission

Hyperlinks are yet again on the Court of Justice of the European Union’s (CJEU) agenda. Whilst in 2014, the decision Svensson (C-466/12) and BestWater International (C-348/13) set path-breaking precedent, the current matter GS Media (C-160/15) promises to fill those gaps that remained after the first two judgments.

On 7 April 2016, it was for … Continue Reading

Posted in Digital Single Market (EU) Eva Vonau

DSM Watch: Commission identifies two trends from responses to SatCab Directive consultation but extending to online splits opinion

In August 2015 the EU Commission started a public consultation regarding the review of the Satellite and Cable Directive. The EU commission has now released its views on the first preliminary trends of the public consultation

Background

For an overview of the Commission’s Digital Single Market (DSM) strategy take a look at our earlier blogs for the whole and each … Continue Reading

Posted in Copyright Eva Vonau

Framing in the limelight: German Federal Supreme Court – “framing” of copyrighted content is not infringement if originally uploaded with consent

On 9 July 2015, the German Federal Supreme Court ruled, once again, on the case of Bestwater. You may already know this case as both the German Federal Supreme Court and the CJEU already released decisions on it before.

The case concerns the claim of Bestwater, a German company manufacturing and distributing water purification systems, that its rights were infringed … Continue Reading

Posted in Copyright, Policy & Regulation Eva Vonau

Germany follows the CJEU – Playing music at the dentists

The German Federal Supreme Court handed down a decision concerning a dentist playing background music from broadcasting stations in the waiting area of his practice (I ZR 14/14). If this sounds familiar to you it is because the CJEU decided about a nearly identical case on the 15 March 2012 (C-135/10).

In the CJEU case, the “SCF”, the … Continue Reading

Posted in Copyright, Internet, Telecoms & Broadband Eva Vonau

German Court asks CJEU: Are businesses that provide password-free WIFI liable for third party copyright infringements?

The German Regional Court of Munich (Decision No. 7 O 14719/12) has referred various questions to the CJEU seeking clarification on the liability of businesses that provide password-free WIFI access for copyright infringements carried out by their users.

In the case at hand a German shop owner that sold and let sound and light equipment for events provided a password-free … Continue Reading

Posted in Copyright, Internet Eva Vonau

CJEU rules on whether ‘framing’ amounts to copyright infringement

On 21 October 2014 the CJEU had to decide in the case of Bestwater whether embedding content in a website via “framing” constitutes “communication to the public” within the meaning of Article 3 of the InfoSoc Directive[1] and therefore infringes the copyright of the creator of the content.

“Framing” refers to the practice of linking to content in a … Continue Reading

Posted in Copyright, Entertainment & Content, Policy & Regulation Morten PetersennEva Vonau

European Union – European Commission adopts an Action Plan on the enforcement of Intellectual Property Rights

On 1 July the European Commission adopted an action plan to address infringements of intellectual property rights in the EU (COM(2014) 392/2). The action plan intends to shift the attention of enforcement policies and actions from individuals infringing IP rights towards commercial scale infringers as they are viewed as the most harmful according to the Commission.

The EU Commissioner for … Continue Reading