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

Diana Ettig

Posts by Diana Ettig
Posted in Copyright Photo of Eva VonauPhoto of Diana 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 Belgian Advocate General Melchior Wathelet to opine on whether it is at all of relevance if a hyperlink leads to a copyright protected work that was uploaded with the author’s permission or to a work that

Posted in Digital Single Market (EU) Photo of Alastair ShawPhoto of Diana 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 2016. This consultation is one of many Commission consultations launched in recent months to gather information and views on the comprehensive Digital Single Market Strategy launched in May 2015. For an

Posted in Digital Single Market (EU) Photo of Alastair ShawPhoto of Diana 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 the European digital single market. 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. One of the

Posted in Digital Single Market (EU) Photo of Alastair ShawPhoto of Diana 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 bring us one step closer to the European digital single market. Our DSM Watch team is a multi-jurisdiction, cross-practice group working together to keep you informed as the initiatives under the DSM

Posted in Digital Single Market (EU) Photo of Alastair ShawPhoto of Diana 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 such as telecommunication, consumer rights and Big Data, each of which is intended to bring us one step closer to the European digital single market. Our DSM Watch team is a multi-jurisdiction,

Posted in Digital Single Market (EU) Photo of Alastair ShawPhoto of Diana 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 May 2015, it quite rightly received much attention throughout the European Union. The steps that have been proposed towards a truly functioning digital market across all Member States will change the landscape recognisably. This

Posted in Digital Single Market (EU) Photo of Alastair ShawPhoto of Diana 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 roll out. As part of the initiative’s first pillar “Better online access for consumers and businesses across Europe“, the DSM strategy outlined the Commission’s key areas for legislative action to create what it

Posted in Copyright, Digital Single Market (EU) Photo of Alastair ShawPhoto of Lea KaasePhoto of Diana 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, cross-practice group working together to keep you informed as the initiatives under the DSM strategy roll out.

Posted in Digital Single Market (EU) Photo of Diana EttigPhoto of Lea KaasePhoto of Alastair 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 economy. It’s open until until 30th December 2015, so there’s plenty of time to have your say. Background For an overview of the DSM strategy take a look at our

Posted in Copyright Photo of Diana EttigPhoto of Theresa HousePhoto of Patsy Wilson

TMT2020: Comparing EU and U.S. Copyright Protection Frameworks for Non-literary Texts

Editor’s note: We are excited to present this first entry in our new TMT2020 series, which reflects the key technology, media, and telecoms legal issues that are expected to impact today’s organizations and tomorrow’s marketplace. It also provides an opportunity to highlight contributions by TMT associates across our global offices and practice areas. In today’s business world, non-literary texts are of great economic value. They often hold know-how and reflect the specific skill and competence a company offers to its customers. Thus, the question how to adequately protect non-literary, functional

Posted in Copyright Photo of Diana Ettig

Can e-books and other digital works be resold?

Can “second-hand” e-books and other digital works such as downloaded audio-books and music be resold? In recent years this question has repeatedly proved to be controversial. The increasing digitization of works poses ever-new challenges to copyright law. The question whether “second-hand” digital works such as e-books or music downloads can be resold like analogue works, is just one such challenge. Read our assessment of this matter, related recent cases and the corresponding Directive, published in the Journal of Intellectual Property Law & Practice here.