The Supreme Court handed down its much anticipated judgment in Cartier International AG v British Telecommunications Plc today. The Judges held unanimously that rights-holders should bear the costs of implementing website-blocking injunctions. In doing so, the Supreme Court reversed the Court of Appeal majority judgment. Although the case concerned blocking sites selling counterfeits, the judgment is not limited to online … Continue Reading
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.
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
In a nutshell: As part of the DSM strategy, the Commission has recently published a series of new proposals impacting platforms and ISPs, including a Recommendation on tackling illegal content online and a draft Regulation on promoting fairness and transparency for business users of e-commerce platforms. In these new documents, the Commission addresses consumer protection, fair competition and notice-and-take-down obligations. … Continue Reading
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
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
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
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
On 28 March 2018 the Commission published a Notice to Stakeholders on the Withdrawal of the UK and EU rules in the field of Copyright. The Notice reminds stakeholders that, unless the UK comes to an agreement with the EU, there will be legal repercussions to Brexit.
The Commission Notice says that all EU “primary and secondary law will … Continue Reading
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
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
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
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
Drama at the European Parliament: whoever thought the dispute within the Committee on Legal Affairs (JURI) around the adoption of a new regulation dealing with online transmissions by broadcasters and retransmissions (COM(2016) 594 final) could not become more exciting when JURI voted on its final report at the end of November, was wrong. The rapporteur Tiemo Wölken made … Continue Reading
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-265/16 – VCAST). 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
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
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
On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name “Vorschaubilder III” (“Thumbnail III“). And, it is already to be anticipated that it will leave both experts and … Continue Reading
Please join us on 17 October when we will be hosting our annual Intellectual Value seminar – this year focusing on ‘The Connected World’ and a variety of topics from across the Internet of Things.
From factories to offices, vehicles to homes, smart technologies are transforming every aspect of our society – and they’re here to stay. Businesses need to … Continue Reading
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
Four years after signing the Marrakesh Treaty (introduced by the WIPO) to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled, the EU institutions finally voted for its implementation. With over 600 votes, the European Parliament adopted the final compromise on 6 July 2017. The European Council ratified the compromise on 17 July … Continue Reading
On 6 July 2017, the French Supreme Court (Cour de cassation) confirmed a decision of the Paris court of appeal dated 15 March 2016 (RG No. 040/2016) which held that Internet intermediaries must bear the costs for implementing blocking measures against illegal streaming websites.
Article L. 336-2 of the French intellectual property Code (“IPC”) allows … Continue Reading
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
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