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

Nils Rauer

Nils Rauer Dr. Nils Rauer, Rechtsanwalt, ist Partner im Frankfurter Büro von Hogan Lovells und leitet dort den Bereich Intellectual Property, Media & Technology (IPMT). Nils Rauer hat sich auf den Bereich des gewerblichen Rechtsschutzes spezialisiert und berät vorwiegend Mandanten in der Finanz-, Healthcare sowie der Automobilbranche. Beratungsschwerpunkt sind neben dem Daten- und Know-how-Schutz insbesondere das Urheber- und Markenrecht sowie das Wettbewerbsrecht (UWG). Nils Rauer verfügt über eine große Expertise bei der Entwicklung und Verhandlung von Lizenz-, Kooperations- und Outsourcing-Verträgen. Zudem berät er regelmäßig beim Aufbau von Compliance-Strukturen vor allem in mittelständischen Unternehmen. Nils Rauer verfügt des Weiteren über eine breite Erfahrung in der Prozessführung, insbesondere im Bereich des einstweiligen Rechtsschutzes. Den Schwerpunkt bilden hier vor allem urheberrechtliche und wettbewerbsrechtliche Verfahren sowie die Durchsetzung von Unterlassungs- und Auskunftstiteln. Nils Rauer ist Mitglied der Deutschen Vereinigung für gewerblichen Rechtschutz und Urheberrecht (GRUR) sowie der Deutschen Gesellschaft für Recht und Informatik (DGRI). Er ist Gastdozent an der Johannes Gutenberg-Universität Mainz und Referent der Akademie des Deutschen Buchhandels. Zudem hält er regelmäßig Vorträge zu aktuellen Themen des IP- und IT-Rechts und publiziert in der Tages- und Fachpresse

Posts by Nils Rauer
Posted in Copyright, e-commerce Nils Rauer

EU Commission provides guidance on new Geo-Blocking Regulation

In the European Commission’s plan to create a unified Digital Single Market, the measures to promote e-Commerce are well ranked. A reason for that is the increasing impact that the digital world, and especially online shopping, is having on our lives. The Internet per se recognizes no border, and therefore artificial barriers may feel even more misplaced. To tackle … Continue Reading

Posted in Copyright, Digital Single Market (EU) Nils Rauer

DSM Watch: EU copyright “Value Gap” – A video guide

The European Copyright Directive seeks to strike the right balance between the remuneration received by authors and performers, and the profits made by internet platforms when they make their works accessible. This difference is known as the value gap. Our 4 minute video summary covers the following points:

  • What is it?
  • What’s the issue?
  • What about liability?
  • What’s the challenge?
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Posted in Copyright Lea KaaseNils Rauer

Provider liability: First YouTube, now “uploaded” – next case before the CJEU

Only two weeks ago, the Federal Court of Justice (BGH) referred various questions to the Court of Justice of the European Union (CJEU) concerning the liability of the video platform YouTube. There, the court’s queries focused on who is actually responsible for unlawfully uploaded content – just the uploader himself or the service provider as … Continue Reading

Posted in Copyright, Policy & Regulation Nils Rauer

DSM Watch – New EU Copyright Directive: Parliament votes to retain controversial aspects

After weeks and weeks of debate and the failure to reach a parliamentary consensus in July, the European Parliament today paved the way towards the long-awaited start of the trilogue negotiations amongst the Parliament, the Council and the Commission. The copyright reform is therefore progressing, which is good news as such.

However, it was once again a rather close vote … Continue Reading

Posted in Copyright, Digital Single Market (EU), Policy & Regulation Nils Rauer

New Copyright Directive: Tension rises in anticipation of European Parliament’s vote

Once again, the debate regarding the controversial DSM Copyright Directive is picking up steam. This week, the European Parliament will liaise about the various amendments that will be tabled by a number of different groups of parliamentarians from various political backgrounds.

As mentioned in our previous blogs and videos, on 5 July 2018, the European Parliament rejected by 318 … Continue Reading

Posted in Copyright Nils RauerAlastair ShawPenny Thornton

A second market for “used” e-books – CJEU will decide

Ever since the European Court of Justice (CJEU) in its highly regarded UsedSoft ruling declared the resale of “used” software admissible (dated 3 July 2012, C-128/11), the discussion has persistently centered around the question whether the idea of the so-called exhaustion, upon which UsedSoft is essentially based, could or should be extended to other digital content – such as … Continue Reading

Posted in Copyright, Technology Nils Rauer

The EU Commission is set to address the challenges of three-dimensional printing

Additive manufacturing, more commonly called “three-dimensional printing” or simply “3D printing“, is a truly fascinating technology. Whilst the first experiments date back to the 1960s, with the first meaningful industrial applications following in the 1980s, only throughout the last couple of years has the technology really gained momentum. Meanwhile, the market is growing rapidly. The European Commission’s forecast … Continue Reading

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

European Parliament votes to reject controversial Copyright Directive proposal

In a dramatic turn of events, the European Parliament has today voted to reject the compromise position on the controversial draft DSM Copyright Directive, which was adopted by the Committee on Legal Affairs (JURI) of the European Parliament on 20 June 2018. A debate on the draft Directive by the whole European Parliament is now set to take place on … Continue Reading

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

DSM Watch: One step closer to a European copyright reform

After a long and intense debate – including several postponements – the Committee of Legal Affairs of the European Parliament (JURI) finally agreed on its position on the draft DSM copyright directive. Of course, the plenary is still required to hand down its final vote on JURI’s report. And the trilogue amongst the three legislative institutions is also to follow. … Continue Reading

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

DSM Watch: Copyright Directive moves a step closer as EU Council publishes agreed draft

On 25 May 2018, after months of discussions, the EU Council’s Permanent Representatives Committee (COREPER) finally agreed its position on the draft Copyright Directive (see the official press release here), although it has been suggested that Germany, Finland, the Netherlands, Slovenia, Belgium and Hungary did not support it.

The agreed text (read it in full here) will serve … Continue Reading

Posted in Copyright, Digital Single Market (EU) Penny ThorntonAlastair ShawNils Rauer

DSM Watch: EU Copyright reform – where do we stand?

Reform of EU copyright is the core of the Commission’s Digital Single Market strategy. Various legislative initiatives have been proposed but the “heart” of the reform is without a doubt the proposal for a new copyright directive. While there appears to be a growing consensus on the wording of most articles, a few key provisions remain under debate. In this … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation Nils RauerAlastair ShawPenny Thornton

EU: Portability Regulation – important deadline of 2 June 2018

The Portability Regulation (EU) 2017/1128 came into force on 1 April 2018. Part of the EU Commission’s aim to establish a Digital Single Market, the Regulation facilitates cross-border portability of online content. It allows for subscribed content services to “travel” with the subscriber throughout the entire European Union. Be it movies, sport events, music, e-books, online games, they … Continue Reading

Posted in Copyright, Digital Single Market (EU) Nils Rauer

DSM over lunch with U.S. Copyright Society

We were delighted and honoured to speak at last week’s lunch event of U.S. Copyright Society (CS USA). The Los Angeles Chapter of the CS USA kindly invited Salomé Cisnal de Ugarte (Brussels), Alberto Bellan (Milan) and myself to sit on a panel together with Susan Cleary, Vice President and General Counsel of the Independent Film & Television Alliance … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation Nils Rauer

EU: Cross-border parcel delivery – Council approves final text of regulation

The Digital Single Market, as pushed forward with increasing speed by the European institutions, does not end with the click of a “purchase” icon. Goods ordered and bought online need to find their way to the purchaser, be it a consumer or a corporation. This is why the Commission, as part of its overall DSM strategy published a draft regulation … Continue Reading

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

DSM Watch: the new Copyright Directive – recent developments on the proposed Ancillary Right for Press Publishers

The European Parliament’s Rapporteur on the draft Copyright Directive (COM (2016) 593), Axel Voss, released proposed amendments to Article 11 and its corresponding recitals at the end of March. Mr Voss’s draft, for the shadow Rapporteurs on the Parliament’s Committee on Legal Affairs (JURI), introduces a number of remarkable suggested changes, which diverge significantly from the Bulgarian … Continue Reading

Posted in Copyright, Digital Single Market (EU) Alastair ShawPenny ThorntonNils Rauer

European Copyright Reform: Final Vote by JURI postponed to June 2018

The copyright reform is one of the core pillars of the EU Commissions endeavor to create a real Digital Single Market within the European Union. However, despite of the first draft of the new Copyright Directive (COM (2016) 593 final) having been published some time ago (14 September 2016) the EU institutions seem to have difficulties in getting … Continue Reading

Posted in Copyright, Digital Single Market (EU) Nils RauerAlastair Shaw

Europe: New Obligations for Platform Operators – Where Do We Stand?

The reform of European Copyright law is at the heart of the European Commission’s efforts to create a true Digital Single Market. The new draft Directive on copyright in the Digital Single Market (“Copyright Directive“, COM (2016) 593) dates back to 14 September 2016. Whilst with many provisions of the draft Directive the final wording has been … Continue Reading

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

DSM Watch: Regulation on Portability of Online Content comes into force 1 April 2018

This year’s Easter holiday brings with it a further milestone in the Commission’s endeavor to bring about a truly Digital Single Market: The Portability Regulation (EU) 2017/1128 comes into force on 1 April 2018. The Regulation facilitates cross-border portability of online content. It allows for subscribed content services to “travel” with the subscriber throughout the entire European Union. … Continue Reading

Posted in Digital Single Market (EU), e-commerce Nils Rauer

Cross-border parcel delivery – European Parliament approves the regulation proposal

Some time ago now, the European Commission launched an initiative to improve transparency and regulate the cross-border parcel delivery sector as part of its aspiration to create a real Digital Single Market. Clearly, no pan-European online market can exist without a functioning delivery system covering the entirety of the Union. A draft regulation on this subject was first published … Continue Reading

Posted in Digital Single Market (EU), Policy & Regulation Nils RauerWinston MaxwellOliver Wilson

The Digital Single Market: Geoblocking regulation ready to be enacted!

The new provision on the banning of unjustified geoblocking in online sales is at the heart of the EU Commission’s aspiration and effort to create a real Digital Single Market within the European Union.

The term “geoblocking” stands for any type of technical or contractual discrimination based on the nationality or residence of a customer. It is a common phenomenon … Continue Reading

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

Digital Single Market – New Copyright Directive advances

On 16 January 2018, the Bulgarian Presidency of the EU Council sought guidance from the Permanent Representatives Committee (Coreper) regarding the long-debated Draft Copyright Directive. The queries focused on two issues that are still controversial: the introduction of an ancillary copyright for press publishers (Article 11 of the draft) and the establishment of new monitoring obligations for certain … Continue Reading

Posted in Copyright, Digital Single Market (EU) Nils Rauer

Geoblocking – EU Parliament approves new regulation

The regulation on measures against unjustified geo-blocking is close to become binding law. After the European institutions had reached a compromise on some last open issues in last November, the European Parliament approved the revised draft regulation in its plenary session on Tuesday. The billed sailed through with 557 to 89 votes and 33 abstentions (press release). This … Continue Reading

Posted in Digital Single Market (EU) Nils RauerFalk SchoeningWinston MaxwellPeter WattsMarco Berliri

Tomorrow’s landscape for digital business – The Digital Single Market becomes real!

DSM – What is it about?

In 2018, we will see new EU legislation being widely implemented as part of the EU Commission’s Digital Single Market (DSM) Strategy. The amendments to the current legal framework are far reaching and will potentially be game changing. Some of the key areas to be affected will be:

 

Unjustified geo-blocking
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Posted in Copyright, Digital Single Market (EU) Nils RauerAlastair Shaw

DSM Watch: Leaked JRC Study calls into question neighbouring right for press publishers

The evolution of a new neighbouring right for press publishers is currently the subject of wide and heated debate. The European Commission proposed such a right in Article 11 of its proposal for a new directive on copyright in the Digital Single Market (Draft Copyright Directive – COM(2016) 593 final). The European Parliament’s first approach to this proposed … Continue Reading