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

Tag Archives: Copyright

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 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 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) 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, 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, Data Protection & Privacy, Policy & Regulation, Technology

Live webinar: On March 17 academic all-stars debate the hottest topics in Tech

In a March 17 live stream webinar, a panel of academic all-stars will discuss the key legal and tech trends for 2017, including regulation of artificial intelligence, the disruptive potential of blockchain, competition law and big data, global privacy and copyright trends, and the future of net neutrality. 

Our panel will also share insights into the tech priorities of 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, Digital Single Market (EU) Dr. Nils RauerEva VonauCamille Pecnard

Webinar recording: Digital Single Market – The New European Copyright

On Friday, 23 September 2016, we held a well-received webinar on the Commission’s latest package of legislative initiatives in the copyright environment. This included a concise review and summary of the six draft directives, draft regulations, communications and impact assessments the commission has bundled in its “Second Copyright Package” as published on 14 September 2016. Specifically, we touched … Continue Reading

Posted in Copyright, Digital Single Market (EU)

Webinar invitation: Digital Single Market – The New European Copyright

There have been busy days in Brussels regarding the shaping of tomorrow’s copyright law in Europe. It took the Commission ten months to follow-up on its first package of copyright legislation released last December, with a second set of draft regulations and directives published on 14 September 2016.

The second legislative package truly touches upon almost everything that is hot … Continue Reading

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

Advocate General comments on lending of e-books

Will the lending of e-books be governed by the same rules as the lending of “classic” printed books? This is an important question that public libraries and others are eagerly trying to get answered in Europe. The Court of Justice of the European Union (CJEU) currently is sitting over a case that deals with exactly this query. At the heart … Continue Reading

Posted in Copyright Dr. Nils RauerEva Vonau

CJEU: TVs in a rehab facility constitute a “communication to the public”

On 31 May 2016, the European Court of Justice (CJEU) handed down a long awaited decision regarding the interpretation of the term “communication to the public” (Case Ref. C-117/15). Over recent years, the interpretation of this term has been heavily under discussion. It was subject-matter of various lawsuits in many Member States as well as before the … Continue Reading

Posted in Copyright, Digital Single Market (EU) Christelle CoslinChristine Gateau

DSM Watch: European Commission presents targeted approach to online platforms

On 25 May 2016, the European Commission published a long-awaited Communication on “Online Platforms and the Digital Single Market: Opportunities and Challenges for Europe“, together with a Staff Working Document. Both documents rely on the results of the public consultation on online platforms carried out between September 2015 and January 2016. The main ideas developed in the Communication … Continue Reading

Posted in Digital Single Market (EU) Jan Blockx

DSM Watch: Commission proposal on geo-blocking regulation published

On 25 May 2016, the Commission published a package of five proposals aimed at implementing its Digital Single Market (DSM) strategy (see our blog describing the package). The DSM strategy contains 16 aligned initiatives in a variety of fields such as telecommunications, consumer rights and Big Data, each of which is intended to bring the EU one step closer … Continue Reading

Posted in Digital Single Market (EU)

DSM Watch: European Commission releases key digital market proposals

The European Commission today released five long-awaited digital market proposals:

  1. The draft amendment to Europe’s Audiovisual Media Services Directive. This amendment would broaden the scope of audiovisual regulation by including new forms of short videos. It would impose a 20% minimum European content on VOD providers, and allow European Member States to tax some VOD services to support national
Continue Reading
Posted in Digital Single Market (EU) Alberto Bellan

DSM Watch: Online platforms – Commission communication to be the next major milestone on the road to a Digital Single Market

The EU Commission looks set next month to release a new communication providing policy guidelines as to the direction it wishes to take for on-line platforms. While the official Communication is scheduled to be released in mid-May, Statewatch.org has just made available a draft version (tentatively dated 25 May) entitled “Online Platforms and the Digital Single Market – Opportunities and … Continue Reading

Posted in Copyright Dr. Nils RauerEva VonauDiana Ettig

EU: Advocate General – Hyperlinking is lawful regardless whether content was uploaded with or without permission

Hyperlinks are yet again on the Court of Justice of the European Union’s (CJEU) agenda. Whilst in 2014, the decision Svensson (C-466/12) and BestWater International (C-348/13) set path-breaking precedent, the current matter GS Media (C-160/15) promises to fill those gaps that remained after the first two judgments.

On 7 April 2016, it was for … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerDiana Ettig

DSM Watch: EU Commission launches consultation on neighbouring rights for publishers and on ‘panorama exception’

The European Commission recently launched a new public consultation on the role of publishers in the copyright value chain and on the so-called ‘panorama exception’. Interested parties, and in particular those involved in the publishing sector and the digital economy are invited to comment on the 23 questions raised by the Commission before the consultation closes on 15th June … Continue Reading

Posted in Digital Single Market (EU) Dr. Nils RauerAlastair ShawDiana Ettig

DSM Watch: Towards a modern European copyright framework (Part 4): Creating a fairer marketplace

This fourth blog in a series of five looks at the European Commission’s plans for “Creating a fairer marketplace”.

Background

The Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields such as telecommunication, consumer rights and Big Data, each of which is intended to bring us one step closer to … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerDiana Ettig

DSM Watch: Towards a modern European copyright framework (Part 3): copyright exceptions

Our third post in a series of five looks at the areas the European Commission has targeted for change in relation to copyright exceptions.

Background

The Commission’s Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields such as telecommunication, consumer rights and Big Data, each of which is intended to … Continue Reading

Posted in Digital Single Market (EU) Charlie Hawes

DSM Watch: EU Commission publishes initial results of geo-blocking and online platforms public consultations

Last week the Commission released a summary of the responses received in two of the three public consultations launched in September 2015, in what was the opening salvo of concrete policy initiatives under the Commission’s Digital Single Market strategy.

The geo-blocking consultation sought evidence on the effect of technical barriers and other unjustified restrictions imposed by websites and online service … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerDiana Ettig

DSM Watch: Towards a modern European copyright framework (Part 2)

As the second of a series of five, this blog post focuses on the first legislative proposal for European copyright reform: the proposal for a regulation on ensuring the cross-border portability of online content services in the internal market.

Background

The Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields … Continue Reading

Posted in Digital Single Market (EU) Alastair ShawDr. Nils RauerDiana Ettig

DSM Watch: European Parliament votes for “Towards a Digital Single Market Act”

In its latest plenary session, the European Parliament (EP) adopted the resolution “Towards a Digital Single Market Act” (see press release). The resolution of 19 January 2016 forms the response to the Commission Digital Single Market Strategy (DSM) as announced in last May and pursued ever since.

Background

When the EU Commission published its DSM Strategy in … Continue Reading