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

Dr. Nils Rauer

Dr. Nils Rauer Dr. Nils Rauer, Rechtsanwalt, ist Partner im Frankfurter Büro von Hogan Lovells und leitet dort den Bereich Intellectual Property, Media & Technology (IPMT). Nils Rauer hat sich auf den Bereich des gewerblichen Rechtsschutzes spezialisiert und berät vorwiegend Mandanten in der Finanz-, Healthcare sowie der Automobilbranche. Beratungsschwerpunkt sind neben dem Daten- und Know-how-Schutz insbesondere das Urheber- und Markenrecht sowie das Wettbewerbsrecht (UWG). Nils Rauer verfügt über eine große Expertise bei der Entwicklung und Verhandlung von Lizenz-, Kooperations- und Outsourcing-Verträgen. Zudem berät er regelmäßig beim Aufbau von Compliance-Strukturen vor allem in mittelständischen Unternehmen. Nils Rauer verfügt des Weiteren über eine breite Erfahrung in der Prozessführung, insbesondere im Bereich des einstweiligen Rechtsschutzes. Den Schwerpunkt bilden hier vor allem urheberrechtliche und wettbewerbsrechtliche Verfahren sowie die Durchsetzung von Unterlassungs- und Auskunftstiteln. Nils Rauer ist Mitglied der Deutschen Vereinigung für gewerblichen Rechtschutz und Urheberrecht (GRUR) sowie der Deutschen Gesellschaft für Recht und Informatik (DGRI). Er ist Gastdozent an der Johannes Gutenberg-Universität Mainz und Referent der Akademie des Deutschen Buchhandels. Zudem hält er regelmäßig Vorträge zu aktuellen Themen des IP- und IT-Rechts und publiziert in der Tages- und Fachpresse

Posts by Dr. Nils Rauer
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 Digital Single Market (EU) Peter WattsWinston MaxwellMathias SchöenhausDina JubrailDr. Nils RauerMarco Berliri

DSM webinar highlights tax, competition law, copyright, AVMS and data economy issues for 2017

In a February 7, 2017 webinar, the Hogan Lovells Digital Single Market (DSM) team presented its take on new developments for 2017. Peter Watts introduced the session by warning that the loss of the UK voice in EU policy making could lead to rules that are less sensitive to business needs. Marco Berliri commented on the challenges currently facing large … 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 Penny ThorntonDr. Nils Rauer

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that index content available on peer-to-peer (P2P) networks, such as The Pirate Bay, infringe copyright when there is no actual content … Continue Reading

Posted in Digital Single Market (EU) Winston MaxwellFalk SchoeningDr. Nils RauerRod Freeman

DSM Watch: European Commission’s data package explores data ownership, localization, liability and portability, highlighting tensions with GDPR

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”.   The fact sheet states that “data is a new type of economic asset”, which is essential for innovation and growth. The Commission’s objective is to remove “unjustified restrictions” and “legal uncertainties” in order … 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 Digital Single Market (EU), Policy & Regulation Christian RitzDr. Nils RauerFalk SchoeningCharlie Hawes

DSM Watch: Commission presents measures to digitise European Industry

DSM Watch: Commission presents measures to digitise European Industry

Today, the European Commission published its Communication on “Digitising European Industry – Reaping the full benefits of a Digital Single Market” together with several other Communications and Staff Working Documents. These documents set out a series of measures and proposals intended to reinforce the EU’s competitiveness in digital technologies and to … 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) Alastair ShawDr. Nils RauerDiana Ettig

DSM Watch: EU Commission launches consultation on neighbouring rights for publishers and on ‘panorama exception’

The European Commission recently launched a new public consultation on the role of publishers in the copyright value chain and on the so-called ‘panorama exception’. Interested parties, and in particular those involved in the publishing sector and the digital economy are invited to comment on the 23 questions raised by the Commission before the consultation closes on 15th June … Continue Reading

Posted in Copyright, Internet Dr. Nils Rauer

EU: Advocate General comments on Liability for Free Wi-Fi

Free Wi-Fi is an achievement for the community, particularly if it is also password-free. However, in numerous European countries service providers are reluctant to offer free Wi-Fi as they fear the consequences of being made liable for infringements the Internet users might commit whilst being online. The Court of Justice of the European Union is currently sitting over a case … Continue Reading

Posted in Digital Single Market (EU) Dr. Nils RauerAlastair ShawDiana Ettig

DSM Watch: Towards a modern European copyright framework (Part 4): Creating a fairer marketplace

This fourth blog in a series of five looks at the European Commission’s plans for “Creating a fairer marketplace”.

Background

The Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields such as telecommunication, consumer rights and Big Data, each of which is intended to bring us one step closer to … Continue Reading