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

Penny Thornton

Posts by Penny Thornton
Posted in Copyright, Entertainment & Content Dr. Nils RauerPenny Thornton

CJEU rules on Cloud Recorder: Transmission constitutes a communication to the public that requires the right holders consent

On 29 November 2017, the European Court of Justice (CJEU) handed down a decision on a video recording service that stores TV programmes online in a cloud (C-265/16VCAST). According to the Court, the cloud recording service has a dual function that enables its users to create reproductions on the one hand but also makes copyright protected … Continue Reading

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 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 Dr. Nils RauerPenny ThorntonEva Vonau

Far-reaching decision by the CJEU on copyright: The Pirate Bay can be blocked by ISPs

Swiftly following the CJEU decision in Filmspeler (see our blog post), in which the Court found that the selling of multimedia players with add-ons to illegal streaming websites amounted to copyright infringement, the CJEU has confirmed that an indexing site such as the infamous website, The Pirate Bay, can be liable and as a result, internet service providers (ISPs) … 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, Digital Single Market (EU) Dr. Nils RauerEva VonauPenny Thornton

Europe: Enforcement of IP Rights – A new hope for the Enforcement Directive?

The Digital Single Market is starting to take shape. A central part of this project is the reform of the European Copyright framework. But while it is apparent that the Directive 2004/48 on the enforcement of intellectual property rights is outdated and in dire need of an update there has not been much progress regarding the enforcement of IP rights. … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerPenny ThorntonEva Vonau

Digital Single Market: Commission takes stock at halftime

The European Commission is taking stock of what has been accomplished regarding its Strategy for a Digital Single Market. Two years ago, on 6 May 2015, Commissioners Oettinger and Ansip announced their strategy to create a single European market in the online world. Such market should rest on three pillars: (1) better access for consumers and businesses to digital … Continue Reading

Posted in Copyright, Entertainment & Content Dr. Nils RauerPenny ThorntonEva Vonau

CJEU rules on sale of multimedia players with add-ons to illegal streaming websites

There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15Filmspeler) that the sale of a multimedia player with pre-installed add-ons that contained links to illegal streaming websites constitutes a copyright infringement. At the same time, … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerEva VonauPenny Thornton

DSM Watch: The new copyright directive – What will happen to the liability privilege of platforms?

Since the first proposals for amendments to the European Commission’s draft copyright directive were leaked earlier this month, we have seen quite some discussion on what the Digital Single Market will bring about. The leaked report was drafted by the European Parliament’s Committee on Legal Affairs. MEP Therese Comodini Cachia takes responsibility over the subject. The paper puts forward an … Continue Reading

Posted in Copyright, Digital Single Market (EU) Dr. Nils RauerEva VonauPenny Thornton

DSM Watch: Leaked European Parliament comments may modify press rights under Copyright Directive

The European commission published its last draft directive on the modernizing of the European copyright law (COM(2016) 593 final) on 14 September 2016. The draft was part of a larger strategy to bring about a single digital market within the European Union. Back then, the legislative proposal triggered quite some discussion given that its provisions touched upon more than one … Continue Reading

Posted in Copyright, Entertainment & Content Penny ThorntonDr. Nils RauerEva Vonau

Hyperlinking in Hamburg and Prague: How national courts apply GS Media

On 8 September 2016, the European Court of Justice (CJEU) handed down judgment C-160/15 on the means of hyperlinking which caught quite some attention. It has become known as the GS Media decision (see our blog post). In essence, this CJEU judgment imposed new verification duties on commercial website owners who embed hyperlinks to third-party content in their web … Continue Reading

Posted in Copyright, Digital Single Market (EU), Policy & Regulation Penny ThorntonDr. Nils RauerEva Vonau

EU Commission agrees new rules allowing Europeans to watch online content services across EU borders

On 7 February, negotiators for the European Parliament, Member States and the Commission agreed the proposal for a regulation on EU cross-border portability of online content services. This is the first agreement relating to the modernisation of EU copyright rules proposed by the Commission as part of the Digital Single Market strategy.

Under the new rules, which will come into … Continue Reading

Posted in Copyright Penny ThorntonDr. Nils Rauer

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that index content available on peer-to-peer (P2P) networks, such as The Pirate Bay, infringe copyright when there is no actual content … Continue Reading

Posted in Copyright Penny Thornton

UK High Court quashes copyright exception for private copying

Last month we reported on the case of BASCA v Secretary of State for Business and Innovation in which Green J held that the Government’s introduction of a UK “private copying” exception was unlawful. On 17 July 2015 Green J handed down a follow-up judgment quashing the regulations that introduced the private copying exception. This means that, going forward, the … Continue Reading

Posted in Copyright, Policy & Regulation Penny Thornton

UK High Court holds government’s introduction of a private copying exception was unlawful

On 19 June 2015, Green J handed down his judgment in British Academy of Songwriters, Composers and Authors (BASCA) and Secretary of State for Business Innovation and Skills. The case involved a judicial review of the Secretary of State’s decision to introduce an exception into UK copyright law that allows individuals to make copies of copyright works they have … 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

Posted in Copyright, Entertainment & Content, Internet, Policy & Regulation Penny Thornton

UK High Court orders first website blocking injunction to combat trade mark infringement

On 17 October 2014, in the case of Cartier International AG and Others v BskyB and Others, Arnold J ordered the five major UK ISPs to block a number of websites that were advertising and selling counterfeit goods and on 17 November 2014 he handed down his judgment on the form of the Order. The case is interesting because, according … Continue Reading

Posted in Copyright, Policy & Regulation Penny Thornton

New UK licensing scheme for use of orphan works

On 29 October 2014 the UK government released its orphan works licensing scheme (the “Scheme”). An “orphan work” is a copyright work or performance for which one or more of the right holders is either unknown or cannot be found after a diligent search.

Under the Scheme any person wishing to use an orphan work for commercial or non-commercial purposes … Continue Reading

Posted in Copyright, Policy & Regulation Penny Thornton

UK: three new copyright exceptions come into force

The statutory instruments relating to new UK copyright exceptions for private copying and quotation & parody have now been approved by UK Parliament and come into force on 1 October 2014.

The private copying exception allows individuals in the UK to make copies of copyright works they have legally acquired on a permanent basis, for their own personal, non-commercial use, … Continue Reading

Posted in Copyright, Internet, Policy & Regulation Penny ThorntonJoke Bodewits

EU: Copyright Levies and the Cloud

On February 27, 2014, the European Parliament (“EP”) adopted a resolution on private copying levies, finding that a copyright levy regime is relevant in the online environment but that licensing models for streaming services (where no copy can be stored on a device) should have preference. The EP calls on the European Commission to assess the impact of the use … Continue Reading

Posted in Broadcasting, Copyright, Entertainment & Content Penny Thornton

USA: Supreme Court finds Aereo live streaming service infringes copyright

The US Supreme Court has delivered its much anticipated ruling in American Broadcasting Cos., Inc., et al. v Aereo, Inc, a case about whether Aereo’s live streaming service infringes US broadcasters’ public performance right. The Supreme Court found that it does, overturning the ruling of the Court of Appeals for the Second Circuit.

In 2012 the owners of various copyrights … Continue Reading