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

Tag Archives: DSM

Posted in Copyright, Intellectual Property, patents, Technology Photo of Burkhart GoebelPhoto of Miriam GundtPhoto of Celine CrowsonPhoto of Lloyd Parker

Global Intellectual Property Outlook 2020 – Two steps forward and a look back

Our fourth annual Global Intellectual Property Outlook reflects on some of the biggest developments from 2019, and provides valuable insights on upcoming changes in 2020. From key decisions and the latest case law, to how emerging technology, policy and trade will impact your IP portfolio and strategy. The start to 2020 has been an unprecedented time for us all. As citizens, businesses, governments and regulators adjust to the new challenges presented by the global spread of COVID-19, and social distancing and remote working become the new norm, there is no

Posted in Internet, Policy & Regulation Photo of David Taylor

The European Union adopts a new .EU Regulation

On 19 March 2019, the European Union adopted Regulation (eu) 2019/517 of the European Parliament and of the Council of 19 March 2019 on the implementation and functioning of the .eu top-level domain name and amending and repealing Regulation (EC) No 733/2002 and repealing Commission Regulation (EC) No 874/2004, otherwise known as the .eu Regulation. Background As its name indicates, the Regulation repeals its predecessors which were considered no longer adapted to the market, the political and legislative context and the online environment.  With this Regulation the European Union has

Posted in Copyright Photo of Penny ThorntonPhoto of Alastair Shaw

DSM Watch: new rules for online transmissions of TV and radio programmes

On 15 April the Agriculture and Fisheries Council formally adopted the Directive on online transmissions of broadcasting organisations and retransmissions of TV and radio programmes (the “Directive”), following the European Parliament’s first-reading adoption on 28 March (which also amended the proposed Regulation to a Directive). Broadly, the Directive aims to facilitate the cross-border transmission, within the EU, of certain radio and TV programmes. Once it has been published in the Official Journal of the EU, Member States will have 24 months to implement. As with the new Copyright Directive, it

Posted in Copyright, Policy & Regulation Photo of Penny ThorntonPhoto of Alastair ShawPhoto of Morten PetersennPhoto of Winston MaxwellPhoto of Benedikt LüthgePhoto of Alberto BellanPhoto of Anne Schmitt

DSM Watch: EU Copyright Directive clears the finish line

On 15th April 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, but it’s by no means certain that the UK will implement it. If the UK leaves the EU without a deal it will not be bound to do so,

Posted in Copyright, Digital Single Market (EU) Photo of Penny ThorntonPhoto of Alastair ShawPhoto of Morten PetersennPhoto of Winston MaxwellPhoto of Benedikt LüthgePhoto of Alberto BellanPhoto of Anne Schmitt

DSM Watch: EU Copyright Directive clears the finish line

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, but it’s by no means certain that the UK will implement it.  If the UK leaves the EU without a deal it will not be bound to do so, nor

Posted in Copyright, Intellectual Property, Policy & Regulation Photo of Alastair ShawPhoto of Penny ThorntonPhoto of Winston MaxwellPhoto of Morten PetersennPhoto of Alberto BellanPhoto of Anne SchmittPhoto of Benedikt Lüthge

DSM Watch: Navigating Article 13 (now 17) of the Copyright Directive

On 26 March 2019 the EU Parliament voted to pass the draft Copyright Directive (“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 Directive here, and looked at Article 11 on a new press publishers’ right (re-numbered Article 15 in the adopted text) here. Now we take a deeper dive into the heavily debated

Posted in Copyright, Digital Single Market (EU), Intellectual Property, Policy & Regulation Photo of Benedikt LüthgePhoto of Alastair ShawPhoto of Penny ThorntonPhoto of Winston MaxwellPhoto of Morten PetersennPhoto of Alberto BellanPhoto of Anne Schmitt

DSM Watch: Copyright Directive press publishers’ rights: final edition of Article 11 is now Article 15

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 Directive here, and looked at Article 13 on liability of user-uploaded content services (re-numbered Article 17 in the adopted text) here. Now we take a deeper dive into the heavily debated

Posted in Copyright, Digital Single Market (EU) Photo of Penny ThorntonPhoto of Alastair ShawPhoto of Winston MaxwellPhoto of Morten PetersennPhoto of Anne SchmittPhoto of Benedikt LüthgePhoto of Alberto Bellan

DSM Watch: EU Copyright Directive passed by European Parliament

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 general public, the final text does include the controversial press publishers’ right (Article 11) and content sharing service provider liability regime (Article 13).  But that is not the whole story: the

Posted in Copyright, Digital Single Market (EU), Policy & Regulation Photo of Alastair ShawPhoto of Penny ThorntonPhoto of Winston MaxwellPhoto of Morten PetersennPhoto of Alberto BellanPhoto of Anne SchmittPhoto of Benedikt Lüthge

DSM Watch: EU Copyright Directive, the big picture

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.   However, it is not yet law despite some headlines which one may see in the popular press. But now that the draft text has stabilised, at least for the time being,

Posted in Copyright, Cybersecurity, Digital Single Market (EU) Photo of Burkhart Goebel

Global IP Outlook 2019 – Two steps forward and a look back

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. Our third annual Global IP Outlook reflects on some of the major developments in intellectual property law and emerging and growing industries. Regardless of your industry or specialism the Outlook

Posted in Copyright, e-commerce

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 those obstacles to cross-border online activity, the European Commission launched a series of legislative proposals (get an overview here), some of which have already been enacted by the European legislator.

Posted in Copyright, Digital Single Market (EU)

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? Why does it matter? Where do the European Council and Parliament stand on this? Next steps? Watch the summary here

Posted in Copyright, Policy & Regulation

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 as regards Articles 11 and 13 of the draft directive, which concern the new neighbouring right for press publishers and the tightening of the liability scheme for online content sharing

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

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 votes against, 278 in favour and 31 abstentions the compromise position adopted a week earlier by the Committee on Legal Affairs (JURI). The attached negotiation mandate was thereby revoked, and the opening

Posted in Broadcasting, Copyright, Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Policy & Regulation, Technology, Telecoms & Broadband Photo of Peter WattsPhoto of Penny Thornton

The Brexit White Paper: A digital Brexit?

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 physical goods from the digital and services sectors. Integrated supply chains and the challenges of the Irish border have driven an approach to physical goods which maintains a high degree of

Posted in Copyright, Digital Single Market (EU) Photo of Alastair ShawPhoto of Penny 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 10-13 September 2018. The background to today’s vote is that, as announced immediately after the JURI Committee vote on 20 June, the Committee’s decision was challenged by a group of

Posted in Copyright, Digital Single Market (EU) Photo of Alastair ShawPhoto of Penny 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. However, we are very close to the long awaited position of the Parliament which is the necessary condition for the trilogue to start. It is fair to say that the debate

Posted in Digital Single Market (EU), Policy & Regulation, Telecoms & Broadband Photo of Angus CoulterPhoto of Alice Wallace-Wright

Communications and competition: we’ve got the tools for the gigabit society

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 of the Commission’s Digital Single Market Policy. It is designed to set EU-wide common rules and objectives on how the telecoms industry should be regulated.  The Commission’s aim has been

Posted in Copyright, Digital Single Market (EU) Photo of Alastair ShawPhoto of Penny 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 as the mandate for the Council Presidency to negotiate with the EU Parliament, once the Parliament has agreed its own position. The EU Parliament Committee on Legal Affairs (JURI) is due to

Posted in Copyright, Digital Single Market (EU) Photo of Penny ThorntonPhoto of Alastair Shaw

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 article we comment on the current 23 April and 17 May 2018 draft proposals published by the Council of the EU (Member State governments’ representatives). Originally the hope had been

Posted in Digital Single Market (EU), Policy & Regulation Photo of Alastair ShawPhoto of Penny 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 all need to remain accessible when temporarily abroad in another Member State. Service providers need to make sure this travel option is provided to their customers. Providers of free-of-charge online content services

Posted in Copyright, Digital Single Market (EU), e-commerce, Internet Photo of Alberto Bellan

DSM Watch – Platforms: EU Commission issues a Recommendation and a draft Regulation as the DSM approach towards ISPs takes (an irregular) shape

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. We highlight the main possible changes below. Last Thursday (26 April 2018) the EU Commission issued a draft “Regulation on promoting fairness and transparency for business users of online intermediation

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

Webinar: TV regulation in a digital age

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 delivered and consumed throughout the EU. In this context, Analysys Mason and Hogan Lovells are publishing a white paper, “TV regulation in a digital age”, which grapples with the changes

Posted in Copyright, Digital Single Market (EU)

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 (IFTA). The panel discussed the new copyright law in Europe brought about by the Digital Single Market strategy that is currently implemented with the EU, and assessed the antitrust and competition issues arising in this context. Corey Field,