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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 Photo of Penny ThorntonPhoto of Alastair ShawPhoto of Morten PetersennPhoto of Winston MaxwellPhoto of Benedikt LüthgePhoto of Alberto BellanPhoto of Anne 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 the Directive, but it’s by no means certain that the UK will implement it. If the UK leaves the EU without a deal it will not be bound to do so,

Posted in Copyright, Digital Single Market (EU) Photo of Penny ThorntonPhoto of Alastair ShawPhoto of Morten PetersennPhoto of Winston MaxwellPhoto of Benedikt LüthgePhoto of Alberto BellanPhoto of Anne 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, but it’s by no means certain that the UK will implement it.  If the UK leaves the EU without a deal it will not be bound to do so, nor

Posted in Copyright, Intellectual Property, Policy & Regulation Photo of Alastair ShawPhoto of Penny ThorntonPhoto of Winston MaxwellPhoto of Morten PetersennPhoto of Alberto BellanPhoto of Anne SchmittPhoto of Benedikt 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 whole Directive here, and looked at Article 11 on a new press publishers’ right (re-numbered Article 15 in the adopted text) here. Now we take a deeper dive into the heavily debated

Posted in Copyright, Digital Single Market (EU), Intellectual Property, Policy & Regulation Photo of Benedikt LüthgePhoto of Alastair ShawPhoto of Penny ThorntonPhoto of Winston MaxwellPhoto of Morten PetersennPhoto of Alberto BellanPhoto of Anne 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 Directive here, and looked at Article 13 on liability of user-uploaded content services (re-numbered Article 17 in the adopted text) here. Now we take a deeper dive into the heavily debated

Posted in Copyright, Digital Single Market (EU) Photo of Penny ThorntonPhoto of Alastair ShawPhoto of Winston MaxwellPhoto of Morten PetersennPhoto of Anne SchmittPhoto of Benedikt LüthgePhoto of Alberto 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 general public, the final text does include the controversial press publishers’ right (Article 11) and content sharing service provider liability regime (Article 13).  But that is not the whole story: the

Posted in Copyright, Digital Single Market (EU), Policy & Regulation Photo of Alastair ShawPhoto of Penny ThorntonPhoto of Winston MaxwellPhoto of Morten PetersennPhoto of Alberto BellanPhoto of Anne SchmittPhoto of Benedikt 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.   However, it is not yet law despite some headlines which one may see in the popular press. But now that the draft text has stabilised, at least for the time being,

Posted in Copyright, Entertainment & Content, Policy & Regulation Photo of Morten PetersennPhoto of Eva 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 Internal Market and Services, Michel Barnier commented on the new plan stating: “Rather than penalising the individual for infringing intellectual property rights, often unknowingly, the actions set out here pave

Posted in Advertising, Internet Photo of 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 advertisement to offer products if the delivery period is unspecified, namely uses the word “expected” (1-3 working days)? 2. Is an online-sale misleading if the right to revoke the offer within 14 days

Posted in Internet Photo of 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? (Court of Appeal of Munich, decision of 10.05.2012 – 29 U 515/12). At first, the writing of Wikipedia-articles should have to be seen as commercial activity. Commercial activity is defined as

Posted in Defamation, Internet Photo of 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 several blogs and articles ever since her husband, the former German president Christian Wulff was nominated for office back in 2010. Resulting from the attraction caused by these rumors, the

Posted in Copyright, Licensing Photo of 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, had expired. In the first case the plaintiff was the owner of the exclusive world-wide publishing rights to Paul Desmond’s famous Jazz composition “Take Five”. In 1961 the plaintiff entered