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

Alastair Shaw

Posts by Alastair Shaw
Posted in Copyright, Policy & Regulation Dr. Nils RauerAlastair ShawPenny Thornton

DSM Watch: JURI votes on the Draft Regulation on Online Transmissions and Retransmissions and proposes major reduction in scope

This week, the European Parliament’s Committee on Legal Affairs’ (JURI) took its long awaited and frequently postponed vote on the draft Regulation COM(2016) 594 relating to online transmissions and retransmissions by broadcasters (press release). With fifteen to eight votes (and one abstention), JURI –the lead EP committee on this proposal – adopted the paper which is likely to … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation Falk SchoeningDr. Nils RauerAlastair ShawChristian RitzAlberto BellanDina Jubrail

Webinar Recording: Digital Single Market 2018 – It is becoming real!

On Tuesday 14 November the Hogan Lovells DSM Taskforce (our dedicated pan-EU team of lawyers tracking the Commission’s DSM strategy) had its annual live meeting in Brussels to discuss the progress of the implementation of the DSM strategy and key forthcoming developments. The team held a webinar on the status of the strategy and what to expect in 2018 in … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerAlastair ShawPenny Thornton

DSM Watch: JURI once again postpones final vote on new copyright directive

The European copyright reform is underway. The heart of this process clearly is the draft for a Directive on Copyright in the Digital Single Market (COM 2016(593) final). The draft is and the proposed amendments to it are currently being considered by the European Parliament. The debate is led by the Committee on Legal Affairs (JURI). It was anticipated that … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation Alastair ShawPenny ThorntonDr. Nils Rauer

DSM Watch: Compliance deadlines for EU online Portability Regulation pushed back

In our 18 July blog we reported the then recently published key dates for compliance with the EU online Portability Regulation.   Following a correction published in the EU Official journal on 28 July 2017, those deadlines have been pushed back by just under two weeks.   A revised version of our blog post is below, with the new deadlines added.

*******… Continue Reading

Posted in Copyright, Digital Single Market (EU) Alastair ShawPenny ThorntonDr. Nils Rauer

Digital Single Market: Draft Copyright Directive – What is the current state of the European ancillary copyright for publishers?

The ever-lasting discussion regarding the implementation of a European ancillary copyright for press publishers has now entered the next round. In March 2017, MEP Therese Comodini Cachia, who then was the rapporteur of the European Parliament’s committee on legal affairs (JURI), spoke out against such a right (report), after the Commission had envisaged such a right in … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation Alastair ShawPenny ThorntonDr. Nils Rauer

DSM Watch: On your marks! Deadline for EU online Portability Regulation compliance is 20 March 2018

In our 21 June blog we reported that the text of this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, had been finalised by the European Parliament and Council.  The Regulation on ensuring the cross-border portability of online content services in the internal market ((EU) 2017/1128), to give it its formal title, has … Continue Reading

Posted in Copyright, Digital Single Market (EU), Entertainment & Content, Policy & Regulation Alastair ShawDr. Nils RauerPenny ThorntonEva Vonau

DSM Watch: EU online content services Portability Regulation will become law in its current form: Council adoption 8 June 2017

DSM Watch has been tracking this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, since back in December 2015.  The Commission’s aim was to allow consumers who pay for online content services in their home country to access them when visiting another country within the EU.… Continue Reading

Posted in Copyright, Internet Alastair ShawNathaniel BoyerEugene LowZhen FengPJ Kaur

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

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

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 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 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

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerDiana Ettig

DSM Watch: Towards a modern European copyright framework (Part 3): copyright exceptions

Our third post in a series of five looks at the areas the European Commission has targeted for change in relation to copyright exceptions.

Background

The Commission’s 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 … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerDiana Ettig

DSM Watch: Towards a modern European copyright framework (Part 2)

As the second of a series of five, this blog post focuses on the first legislative proposal for European copyright reform: the proposal for a regulation on ensuring the cross-border portability of online content services in the internal market.

Background

The Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerDiana Ettig

DSM Watch: European Parliament votes for “Towards a Digital Single Market Act”

In its latest plenary session, the European Parliament (EP) adopted the resolution “Towards a Digital Single Market Act” (see press release). The resolution of 19 January 2016 forms the response to the Commission Digital Single Market Strategy (DSM) as announced in last May and pursued ever since.

Background

When the EU Commission published its DSM Strategy in … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerDiana Ettig

DSM Watch: Towards a modern European copyright framework (Part 1)

In the first of a series of five, this blog overviews the European Commission’s action plan for modernising European copyright.

Background

In May 2015 the announcement of the EU Commission’s Digital Single Market (DSM) strategy received much attention. Our DSM Watch team is a multi-jurisdiction, cross-practice group working together to keep you informed as the initiatives under the DSM strategy … Continue Reading

Posted in Copyright, Digital Single Market (EU) Alastair ShawDiana Ettig

DSM Watch: EU Commission announces first concrete legislative proposals – but when are they coming?

In this post we preview the EU Commission’s first concrete legislative proposals on reform of EU copyright under the DSM banner, and look further ahead to what the Commission has planned in this area for 2016.

Background

In May the announcement of the EU Commission’s Digital Single Market (DSM) strategy received much attention.  Our DSM Watch team is a multi-jurisdiction, … Continue Reading

Posted in Digital Single Market (EU) Diana EttigAlastair Shaw

DSM Watch: What does the EU Commission really want to know about your online business?

In May the announcement of the European Commission’s Digital Single Market (DSM) strategy received much attention. Our DSM Watch team is a multi-jurisdiction, cross-practice group working together to keep you informed as the initiatives under the DSM strategy roll out.

In this post we look at the Commission’s current consultation on platforms, online intermediaries, data, cloud computing and the collaborative … Continue Reading

Posted in Copyright, Policy & Regulation Alastair ShawDr. Nils Rauer

Copyright Report approved by Legal Affairs Committee of EU Parliament. Whole EP to vote on 9 July

Following amendments voted on by the European Parliament’s Legal Affairs Committee, a somewhat watered-down version of its report on the implementation of the EU’s 2001 InfoSoc/Copyright Directive* will go forward for further likely amendment and vote by the full Parliament on 9 July 2015.

The full text of the report adopted by the committee, which will form a significant … Continue Reading

Posted in Copyright, Entertainment & Content Dr. Nils RauerAlastair Shaw

EU – CJEU decides prohibition of access to live streams can be lawful

On 26 March 2015, the Court of Justice of the European Union (CJEU) rendered a most interesting and instructive verdict on the matter of live streaming of sports events on the Internet (C More Entertainment vs. Sandberg, Case Ref.: C‑279/13). The 9th Chamber ruled that Member States may grant statutory broadcasting rights that go beyond the … Continue Reading

Posted in Copyright, Internet Alastair ShawPenny Thornton

EU Copyright: CJEU ruling on jurisdiction for online infringements

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)[1], the CJEU … Continue Reading