Awaited with bated breath by stakeholders in the online industry and by IP right holders alike, the EU Commission published on 15 December its official draft for the Digital Services Act (DSA). The DSA is conceived as one of the central pillars for its ambition to shape Europe’s digital future. Its published draft aims high, both in the scope of … Continue Reading
On 15 December The European Commission published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’. The obligations for those designated platforms and the potential sanctions largely resemble behavioural remedies and fines that the European Commission might otherwise seek to impose under its … Continue Reading
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
In a decision dated March 1st, 2019, the Paris Court of Appeal reminded that specific conditions must be met for hosting providers to be held liable in case of unlawful content. The French court also ruled that hosting providers are not data controllers per se and, as such, are not subject to obligations under the Data Protection Act.
In this … Continue Reading
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
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
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
2018 posed new opportunities and challenges for IP-rich businesses, with major new legislation introduced in Europe to govern trademark and trade secret protection; significant and transformational case law in the U.S., and the confirmation of new planned IP-specific legislation for several jurisdictions in Asia.
We’re here to help you keep abreast of these changes and understand how they impact you. … Continue Reading
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:Continue Reading
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.
The UK Government’s White Paper sets out detailed proposals for the UK’s relationship with the EU following Brexit.
As described in our dissection of the document as a whole, the White Paper sees the digital economy as an area of global opportunity for the UK. So what does the Government have to say about sector?
The White Paper’s distinguishes … Continue Reading
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
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
Since the announcement on 6 June that the Council and European Parliament had reached agreement on the draft Directive establishing the Electronic Communications Code (the “Code”), the communications and competition communities have been on tenterhooks to see what the final version of the text contains.
The draft Code has been in the pipeline for almost two years and is part … 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
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
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
The trialogue between the European Commission, the European Parliament and the Member States on the revision of the Audio-Visual Media Services (AVMS) Directive is currently in progress, after several years of work by all parties to update the text of the Directive. This update is timely, given the profound and rapid changes in how TV and other video content is … 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 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
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