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
The US Copyright Act of 1976 allows artists, writers, and musicians to “get back” grants of copyrights that had been previously licensed or assigned away. Specifically, artists can “terminate” their copyright arrangements simply by serving notice upon the grantee between 46 and 59 years after the date that the rights were granted. This means that, for the hit songs of … 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
While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities (see our earlier report ), the picture in the United States, China and Hong Kong is more complex.
“‘It is, it is a glorious thing, to be a Pirate King,’ said W.S. Gilbert: but he was speaking of ship … Continue Reading
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
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
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
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
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
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).
There have been busy days in Brussels regarding the shaping of tomorrow’s copyright law in Europe. It took the Commission ten months to follow-up on its first package of copyright legislation released last December, with a second set of draft regulations and directives published on 14 September 2016.
The second legislative package truly touches upon almost everything that is hot … Continue Reading
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-484/14 – McFadden). The judges had … Continue Reading
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
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
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
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
On 25 May 2016, the European Commission published a long-awaited Communication on “Online Platforms and the Digital Single Market: Opportunities and Challenges for Europe“, together with a Staff Working Document. Both documents rely on the results of the public consultation on online platforms carried out between September 2015 and January 2016. The main ideas developed in the Communication … Continue Reading
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
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
The fifth and final part of our blog series on the European Commission´s action plan reforming copyright deals with the Commission’s plans for providing an effective and balanced enforcement system.… Continue Reading
On 4th November, together with Santa Clara University’s High Tech Law Institute and the Berkeley Center for Law and Technology, we hosted our second Law in the Global Marketplace symposium on Intellectual Property and related issues.
Topics covered thought-provoking issues concerning global aspects of intellectual property law, including the impact of patent reform in the EU and U.S. on international … Continue Reading
If the Commission persuades the EU Parliament and Council to its views, EU-wide digital content portability for consumers will become a reality under a draft Regulation unveiled today and aspects of online contract law for consumers will be fully harmonised across the EU under two new Directives, drafts of which were also published today.
This post outlines today’s publications. DSM … Continue Reading
The European Commission is planning to put forward the first legislative proposals under its Digital Single Market strategy on 9 December. The proposals will fall within the ambit of “Better access for consumers and businesses to digital goods and services across Europe” – but that covers a range of different issues, so we’re still not sure what will emerge by … Continue Reading