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
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
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
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
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
Last month we reported on the case of BASCA v Secretary of State for Business and Innovation in which Green J held that the Government’s introduction of a UK “private copying” exception was unlawful. On 17 July 2015 Green J handed down a follow-up judgment quashing the regulations that introduced the private copying exception. This means that, going forward, the … Continue Reading
On 19 June 2015, Green J handed down his judgment in British Academy of Songwriters, Composers and Authors (BASCA) and Secretary of State for Business Innovation and Skills. The case involved a judicial review of the Secretary of State’s decision to introduce an exception into UK copyright law that allows individuals to make copies of copyright works they have … Continue Reading
Is mere accessibility in a Member State of an allegedly copyright-infringing image on a website enough to confer jurisdiction on the courts of that Member State to hear an infringement action? The answer is, in short, yes. But why?
In a judgment handed down last week in the case of Pez Hejduk v EnergieAgentur.NRW GmbH (Case C 441/13), the CJEU … Continue Reading
On 17 October 2014, in the case of Cartier International AG and Others v BskyB and Others, Arnold J ordered the five major UK ISPs to block a number of websites that were advertising and selling counterfeit goods and on 17 November 2014 he handed down his judgment on the form of the Order. The case is interesting because, according … Continue Reading
On 29 October 2014 the UK government released its orphan works licensing scheme (the “Scheme”). An “orphan work” is a copyright work or performance for which one or more of the right holders is either unknown or cannot be found after a diligent search.
Under the Scheme any person wishing to use an orphan work for commercial or non-commercial purposes … Continue Reading
The private copying exception allows individuals in the UK to make copies of copyright works they have legally acquired on a permanent basis, for their own personal, non-commercial use, … Continue Reading
On February 27, 2014, the European Parliament (“EP”) adopted a resolution on private copying levies, finding that a copyright levy regime is relevant in the online environment but that licensing models for streaming services (where no copy can be stored on a device) should have preference. The EP calls on the European Commission to assess the impact of the use … Continue Reading
The US Supreme Court has delivered its much anticipated ruling in American Broadcasting Cos., Inc., et al. v Aereo, Inc, a case about whether Aereo’s live streaming service infringes US broadcasters’ public performance right. The Supreme Court found that it does, overturning the ruling of the Court of Appeals for the Second Circuit.
In 2012 the owners of various copyrights … Continue Reading
Three statutory instruments amending UK copyright exceptions came into force on 1 June 2014 relating to Public Administration, Disability, and Research, Education, Libraries & Archives. The changes are as follows:
Research, Education, Libraries and Archives
- Extends the scope of existing exceptions for research and private study to cover sound recordings, films and broadcasts, which were previously excluded.
According to the CJEU ruling handed down today in the case of UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft, internet service providers (“ISPs”) can be ordered to block access by customers to websites making available infringing content. Such blocking orders do not need to specify the measures that must be taken by the ISP however … Continue Reading
The Court of Justice of the European Union ruled today on the lawfulness or otherwise of using hyperlinks to copyright works published by others online. The CJEU has answered questions on EU copyright law under the Infosoc Directive (2001/29) referred to it by the Svea Court of Appeal in Sweden in a case concerning paid-for links produced for its subscribers … Continue Reading
On 13 November 2013, in the case of Paramount Home Entertainment Limited & Others and British Sky Broadcasting Limited & Others  EWHC 3479 (Ch), Arnold J granted a blocking order requested by six major film studios. It required the six main UK retail internet service providers to block access to two websites which provided hyperlinks to, and downloads … Continue Reading
In the case of the PRCA v the NLA, relating to the Meltwater online media monitoring service, the Supreme Court has referred to the CJEU the question of whether normal internet use can amount to copyright infringement by a user. The Supreme Court’s preliminary view is that internet browsing should not give rise to liability of a web-user.
The background … Continue Reading
The Court of Justice of the European Union Rules in ITV Broadcasting Ltd (and others) v TV Catchup Ltd.
In an important case that re-enforces the breadth of the basic rights of broadcasters and content owners to control the distribution of content by alternative technical means, the CJEU recently ruled that live internet streaming of a free-to-air television channel … Continue Reading
Our quarterly publication takes an in-depth look at business, legal and regulatory trends, on four continents, affecting the content and digital network industries. The Autumn edition contains the following articles:
The Investment Conundrum, by Peter Watts. Peter examines the tension between heavy infrastructure investment needed for broadband networks, and the fast-moving, over-the-top, world of content.
A new appeals process has been added to Youtube’s Content ID system which provides further recourse for users who feel a claim made against their uploaded content is invalid.
Content ID is a copyright protection tool provided by Youtube, which allows rights holders (e.g film studios or music labels) to protect the use of their audio or video rights. Rights … Continue Reading