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The provisions of the Copyright Directive (COM(2016)593) are currently being discussed between the Council, the Parliament and the Commission in order to reach a compromise wording. Though these talks are generally strictly confidential, some working documents occassionally find their way out. Here is a summary of the lesons we can learn from the latest document that has leaked. The story so far After months of tense debates, both the Council and the Parliament…
The provisions of the Copyright Directive (COM(2016)593) are currently being discussed between the Council, the Parliament and the Commission in order to reach a compromise wording. Though these talks are generally strictly confidential, some working documents occasionally find their way out. Here is a summary of the lessons we can learn from the latest document that has leaked. The story so far After months of tense debates, both the Council and the Parliament…
Can the Federal Republic of Germany invoke a copyright on military status reports? This is the key question currently before the European Court of Justice (CJEU) (Case Ref. C-469/17). But before the Court submits a ruling on the case, presumably in early spring 2019, Advocate General Maciej Szpunar published his Opinion on 25 October 2018. And his opinion is clear: The preliminary proceeding coming from Germany is already inadmissible and the German…
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…
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…
A Swedish preliminary ruling procedure is currently pending before the European Court of Justice (CJEU) and represents the latest in a run of rulings on the scope of the distribution right under Article 4 of the InfoSoc Directive. It focuses on the question of whether distribution can also be assumed if the infringing goods are located in a warehouse and the identical goods are offered for sale in an actual shop (C-572/17 – Syed).…
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?…
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?…
Only two weeks ago, the Federal Court of Justice (BGH) referred various questions to the Court of Justice of the European Union (CJEU) concerning the liability of the video platform YouTube. There, the court’s queries focused on who is actually responsible for unlawfully uploaded content – just the uploader himself or the service provider as well? Last week, the German judges yet again sat over a case dealing with this…
Only two weeks ago, the Federal Court of Justice (BGH) referred various questions to the Court of Justice of the European Union (CJEU) concerning the liability of the video platform YouTube. There, the court’s queries focused on who is actually responsible for unlawfully uploaded content – just the uploader himself or the service provider as well? Last week, the German judges yet again sat over a case dealing with this…