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. ...more
The concept of a “communication to the public” under the InfoSoc Directive has given rise to a great many cases yet the meaning remains somewhat uncertain. In a case brought by the German Federal Court of Justice...more
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
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)...more
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,...more
4/6/2018
/ Broadcasting ,
Copyright ,
Country of Origin ,
Cross-Border ,
Digital Media ,
EU ,
Intellectual Property Protection ,
Member State ,
Portability ,
Referendums ,
UK ,
UK Brexit
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. ...more
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
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...more
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...more
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). ...more
12/5/2017
/ Broadcasting ,
Cloud Storage ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Court of Justice of the European Union (CJEU) ,
Electronic Data Transmissions ,
EU ,
Intellectual Property Protection ,
Internet ,
Internet Service Providers (ISPs) ,
Websites
Last 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...more
Not long ago, we reported on the Committee on Legal Affairs’ (JURI) decision to temporarily postpone its final vote on the new Copyright Directive (COM(2016) 593). We also pointed to some other copyright-related initiatives...more
In our 18 July blog we reported the then recently published key dates for compliance with the EU online Portability Regulation. Following a correction published in the EU Official journal on 28 July 2017, those deadlines...more
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
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
In our 21 June blog we reported that the text of this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, had been finalised by the European Parliament and Council. ...more
7/19/2017
/ Copyright ,
Cross-Border ,
Digital Single Market ,
EU ,
European Commission ,
Freely Available Online Content ,
Intellectual Property Protection ,
Internet ,
Member State ,
New Legislation ,
Portability
In this brand-new publication, our pan-European DSM Taskforce helps you plan for the changes by providing an overview of the Commission’s Digital Single Market strategy; what the key legislative measures will bring about and...more
7/3/2017
/ Cloud Computing ,
Copyright ,
Corporate Counsel ,
Cybersecurity ,
Digital Communications ,
Digital Single Market ,
E-Commerce ,
EU ,
European Commission ,
Intellectual Property Protection ,
Popular ,
Telecommunications ,
Young Lawyers
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...more
The Digital Single Market is gradually taking shape. We have seen quite some legislative activity since the European Commission first announced the Digital Single Market Strategy in May 2015. On 10 May this year, the...more
The Digital Single Market is starting to take shape. A central part of this project is the reform of the European Copyright framework. But while it is apparent that the Directive 2004/48 on the enforcement of intellectual...more
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...more
5/11/2017
/ Broadband ,
Copyright ,
Cross-Border ,
Cybersecurity ,
Digital Single Market ,
E-Commerce ,
EU ,
European Commission ,
Geo-Blocking ,
Online Platforms ,
Popular ,
Telecommunications ,
Transmission Planning
There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15 – Filmspeler) that the sale of a multimedia player with...more
4/28/2017
/ Add-ons ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Digital Media ,
EU ,
Graphical User Interface ,
Internet ,
Internet Streaming ,
Netherlands ,
Technology Sector
Since the first proposals for amendments to the European Commission’s draft copyright directive were leaked earlier this month, we have seen quite some discussion on what the Digital Single Market will bring about. The leaked...more
3/20/2017
/ Copyright ,
Digital Media ,
Digital Single Market ,
EU ,
EU Directive ,
European Commission ,
File Sharing ,
Infringement ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Websites
On 8 September 2016, the European Court of Justice (CJEU) handed down judgment C-160/15 on the means of hyperlinking which caught quite some attention. It has become known as the GS Media decision. In essence, this CJEU...more
2/14/2017
/ Copyright ,
Copyright Infringement ,
Court of Justice of the European Union (CJEU) ,
Creative Commons License ,
Digital Media ,
EU ,
Germany ,
Hyperlink ,
Public Communications ,
Third-Party ,
Website Owner Liability ,
Websites
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...more
2/10/2017
/ Cross-Border ,
Digital Media ,
Digital Single Market ,
EU ,
European Commission ,
Internet Service Providers (ISPs) ,
Member State ,
On-Demand Services ,
Online Platforms ,
Telecommunications ,
UK Parliament