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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 Dr. Nils RauerEva Vonau

CJEU to rule on press publishers’ neighbouring right

With decision of 8 May 2017, the regional Court of Berlin referred to questions for preliminary ruling to the Court of Justice of the European Union (CJEU). The court is concerned whether the rules on the press publishers’ neighbouring right – as implemented into German copyright law in 2013 – were properly enacted back then. Specifically, the judges wish to … Continue Reading

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

Digital Single Market: Commission takes stock at halftime

The European Commission is taking stock of what has been accomplished regarding its Strategy for a Digital Single Market. Two years ago, on 6 May 2015, Commissioners Oettinger and Ansip announced their strategy to create a single European market in the online world. Such market should rest on three pillars: (1) better access for consumers and businesses to digital … Continue Reading

Posted in Copyright, Entertainment & Content Dr. Nils RauerPenny ThorntonEva Vonau

CJEU rules on sale of multimedia players with add-ons to illegal streaming websites

There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15Filmspeler) that the sale of a multimedia player with pre-installed add-ons that contained links to illegal streaming websites constitutes a copyright infringement. At the same time, … Continue Reading

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

DSM Watch: The new copyright directive – What will happen to the liability privilege of platforms?

Since the first proposals for amendments to the European Commission’s draft copyright directive were leaked earlier this month, we have seen quite some discussion on what the Digital Single Market will bring about. The leaked report was drafted by the European Parliament’s Committee on Legal Affairs. MEP Therese Comodini Cachia takes responsibility over the subject. The paper puts forward an … Continue Reading

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

DSM Watch: Leaked European Parliament comments may modify press rights under Copyright Directive

The European commission published its last draft directive on the modernizing of the European copyright law (COM(2016) 593 final) on 14 September 2016. The draft was part of a larger strategy to bring about a single digital market within the European Union. Back then, the legislative proposal triggered quite some discussion given that its provisions touched upon more than one … Continue Reading

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