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Publishers Intellectual Property Protection

Irwin IP LLP

Publishers Take a Hatchet to Free Digital Libraries

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On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’...more

Proskauer - Minding Your Business

Copyright Office Recommends No New Copyright Protections for News Publishers in the United States

Bucking a legal trend in Europe, the United States Copyright Office recently recommended against adopting additional copyright-like protections for news publishers that would require online news aggregators to pay publishers...more

Dorsey & Whitney LLP

A Cautionary Tale of One Independent Press’s Claim of Federal Copyright Protection

Dorsey & Whitney LLP on

Earlier this summer, U.S. District Judge Amy Berman Jackson refused to buy plaintiff, Valancourt Books, LLC’s, claims that the Copyright Office of the United States unconstitutionally demanded books for free, when Judge...more

Hogan Lovells

The end of an odyssey: The German Act to adapt copyright law to the requirements of the Digital Single Market

Hogan Lovells on

The German Act to adapt copyright law to the requirements of the Digital Single Market will enter into force on 7 June 2021 – as the first national transposition of the Digital Single Market Directive ...more

Hogan Lovells

Lindgren heirs win in dispute over Pippi Longstocking lyrics

Hogan Lovells on

In a recent ruling by the Regional Court Hamburg (Case No. 308 O 431/17), the court awarded the heirs of children's book author Astrid Lindgren a right to information ...more

Fenwick & West LLP

The EU Copyright Directive: Potential Copyright Liability and a “Best Efforts” Standard for Platforms

Fenwick & West LLP on

In 2019, the Council of the European Union’s Committee of Permanent Representatives approved a Directive on Copyright in the Digital Single Market to respond to developments in the modes and markets for creation, production...more

Hogan Lovells

DSM Watch: Implementing the new Copyright Directive in France

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The Copyright Directive (“the Directive”) came into force on 7 June 2019. Member States now have two years to implement it. Amongst the key provisions, Article 15 (former Article 11) creates neighbouring rights for press...more

Hogan Lovells

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

Hogan Lovells on

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...more

Hogan Lovells

DSM Watch: EU Copyright Directive, the big picture

Hogan Lovells on

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. ...more

Fenwick & West LLP

European Parliament Endorses Upload Filters

Fenwick & West LLP on

In September 2016, the European Commission, which is the executive cabinet for the European Union, issued a Proposal for a Directive of the European Parliament and of the Council on Copyright in the Digital Single Market. On...more

Morrison & Foerster LLP

EU Copyright Directive - Spotlight on Upload Filters and Press Publishers’ Copyright

In the lobbying battle about the new EU copyright directive between Internet giants and content producers, the creative industry gained a partial victory. On September 12, 2018, the EU Parliament, in favor of content...more

Hogan Lovells

DSM Watch – New EU Copyright Directive: Parliament votes to retain controversial aspects

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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...more

Hogan Lovells

European Parliament votes to reject controversial Copyright Directive proposal

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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...more

Hogan Lovells

DSM Watch: One step closer to a European copyright reform

Hogan Lovells on

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...more

Hogan Lovells

European Copyright Society – Intense discussion on how to move on with the copyright reform

Hogan Lovells on

On 25 May 2018, the European Copyright Society (ECS) hosted a very informative and encouraging conference on the current status quo of the pending copyright reform. ...more

Hogan Lovells

DSM Watch: EU Copyright reform – where do we stand?

Hogan Lovells on

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...more

Hogan Lovells

DSM Watch: the new Copyright Directive – recent developments on the proposed Ancillary Right for Press Publishers

Hogan Lovells on

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....more

Hogan Lovells

Digital Single Market – New Copyright Directive advances

Hogan Lovells on

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. ...more

Hogan Lovells

IPunkt - January 2018

Hogan Lovells on

Kurze Einleitung - Liebe Leserin, lieber Leser, das vergangene Jahr war turbulent: der Amtsantritt Donald Trumps, der Höhenflug des Bitcoin, die Bundestagswahl und vieles mehr beschäftigten - und überraschten - uns....more

Hogan Lovells

DSM Watch: Leaked JRC Study calls into question neighbouring right for press publishers

Hogan Lovells on

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...more

Hogan Lovells

Digital Single Market: Draft Copyright Directive – What is the current state of the European ancillary copyright for publishers?

Hogan Lovells on

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...more

Hogan Lovells

Digital Single Market: Draft Copyright Directive - What is the current state of the European ancillary copyright for publishers?

Hogan Lovells on

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...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Joins Split Court Decisions on Registration Precondition for Copyright Suits

Section 411(a) of the Copyright Act generally requires copyright registration, or a refusal of registration, before a copyright action may be filed. This has led to a variety of decisions from the Circuit and District Courts...more

Hogan Lovells

CJEU to rule on press publishers’ neighbouring right

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With decision of 8 May 2017, the regional Court of Berlin referred to questions for preliminary ruling to the Court of Justice of the European Union (CJEU). The court is concerned whether the rules on the press publishers’...more

Hogan Lovells

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

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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...more

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