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

Morten Petersenn

Posts by Morten Petersenn
Posted in Copyright, Policy & Regulation Penny ThorntonAlastair ShawMorten PetersennWinston MaxwellBenedikt LüthgeAlberto BellanAnne Schmitt

DSM Watch: EU Copyright Directive clears the finish line

On 15th April the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. After publication in the Official Journal of the EU, Member States will have two years to implement the Directive. In Council the UK voted to adopt … Continue Reading

Posted in Copyright, Digital Single Market (EU) Penny ThorntonAlastair ShawMorten PetersennWinston MaxwellBenedikt LüthgeAlberto BellanAnne Schmitt

DSM Watch: EU Copyright Directive clears the finish line

Today the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. After publication in the Official Journal of the EU, Member States will have two years to implement the Directive. In Council the UK voted to adopt the Directive, … Continue Reading

Posted in Copyright, designs, intellectual property, Policy & Regulation Alastair ShawPenny ThorntonWinston MaxwellMorten PetersennAlberto BellanAnne SchmittBenedikt Lüthge

DSM Watch: Navigating Article 13 (now 17) of the Copyright Directive

On 26 March 2019 the EU Parliament voted to pass the draft Copyright Directive (“Directive”) into EU law.  After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s adopted text will become EU law. Member States will then have until mid-2021 to implement it into their national laws. DSM Watch has already overviewed the … Continue Reading

Posted in Copyright, Digital Single Market (EU), intellectual property, Policy & Regulation Benedikt LüthgeAlastair ShawPenny ThorntonWinston MaxwellMorten PetersennAlberto BellanAnne Schmitt

DSM Watch: Copyright Directive press publishers’ rights: final edition of Article 11 is now Article 15

Yesterday (26 March 2019) the EU Parliament voted to pass the draft Copyright Directive into EU law.  After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s adopted text will become EU law. Member States will then have until mid-2021 to implement it into their national laws. DSM Watch has already overviewed the whole … Continue Reading

Posted in Copyright, Digital Single Market (EU) Penny ThorntonAlastair ShawWinston MaxwellMorten PetersennAnne SchmittBenedikt LüthgeAlberto Bellan

DSM Watch: EU Copyright Directive passed by European Parliament

Today the EU Parliament voted to pass the draft Copyright Directive into EU law.  After adoption by the EU Council (representatives of Member State governments) and official publication, it will become EU law.   Member States will then have until mid-2021 to implement it into their national laws.   Despite substantial opposition from blocks of MEPs and the large numbers of the … Continue Reading

Posted in Copyright, Digital Single Market (EU), Policy & Regulation Alastair ShawPenny ThorntonWinston MaxwellMorten PetersennAlberto BellanAnne SchmittBenedikt Lüthge

DSM Watch: EU Copyright Directive, the big picture

Agreement on a compromise text for the new Copyright Directive was reached between Member State government representatives, EU Parliament representatives and the EU Commission last week (see our “Breakthrough” post). On 20 February 2019, EU Governments formally voted, by a majority, to approve that compromise text: Italy, Poland, Luxembourg, the Netherlands and Finland opposed it; Belgium and Slovenia abstained.   … Continue Reading

Posted in Copyright, Entertainment & Content, Policy & Regulation Morten PetersennEva Vonau

European Union – European Commission adopts an Action Plan on the enforcement of Intellectual Property Rights

On 1 July the European Commission adopted an action plan to address infringements of intellectual property rights in the EU (COM(2014) 392/2). The action plan intends to shift the attention of enforcement policies and actions from individuals infringing IP rights towards commercial scale infringers as they are viewed as the most harmful according to the Commission.

The EU Commissioner for … Continue Reading

Posted in Advertising, Internet Morten Petersenn

Germany: Non-compliance with E-commerce rules is misleading advertisement

The Court of Appeal of Bremen (German version of the decision) has recently confirmed that competitors and consumer associations in Germany may challenge non-compliances with e-commerce rules. Any such non-compliance can be attacked on the basis of the German Unfair Competition Act (“UWG”). The court dealt with two essential aspects of
E-Commerce: 1. Is it a misleading advertisementContinue Reading

Posted in Internet Morten Petersenn

Business statements in blogs without indication of the author have to be seen as commercial activities and therefore must be defined as misleading advertisement

The Court of Appeal of Munich had to decide about two main aspects concerning entries in internet forums: Could such blog- or Wikipedia-entries be classified as commercial activity and therefore be subject to the German Law on unfair Competition (UWG)? And if it is possible to regard these entries as commercial activity must they be classified as misleading advertisement? … Continue Reading

Posted in Defamation, Internet Morten Petersenn

Search Engine Operator Liability for Auto-Complete Suggestions

Persistent rumors about the past of Germany’s former first lady, Bettina Wulff, have brought back a yet undecided discussion about search engine operators’ liability for auto-complete suggestions in Germany. The now rebuffed rumors connect Bettina Wulff’s past with allegations such as having worked as an escort girl or as a prostitute. They have been spread out through the Internet by … Continue Reading

Posted in Copyright, Licensing Morten Petersenn

The afterlife of copyright sub licences after the death of the main licence

The German Federal Court of Justice decided in two cases that within normal circumstances a sub licence does not cease to exist if the main licence expires.

The cases

In both cases the owners of the rights to a copyright protected work sued sub licensees for copyright infringement after the main licence, from which the sub licensees derived their rights, … Continue Reading