Following the CJEU’s judgment of 12 September 2019, the German national related right in favour of press publishers established in 2013 is unenforceable for formal reasons. But a new related right…
Part I of this blogpost discussed the first paragraph of Article 17(7) DSM Directive, according to which the cooperation between online content sharing service providers (OCSSPs) and rightholders…
Article 17 of the adopted DSM Directive requires that so-called online content-sharing service providers (OCSSPs) either obtain use licenses from rightholders or, failing that, enforce copyright ex…
In a highly unusual move, the Court of Appeal has set aside the first instance judgment in Nicholas Martin v Julia Kogan [2017] EWHC 2927 and ordered that a new trial take place in the IPEC, but this…
This October one year will have passed since the legal acts transposing the provisions of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or…
Part I of this blogpost was dedicated to the background which led to Articles 8-11 of the CDSM and to the concept of out of commerce works. Part II critically overviews the core of the mechanisms…
In Part I of this two-part post on Chapter 3 of the new Copyright Directive, I argued that Articles 18-23 were well-intentioned. It is now up to Member States to send clear signals of support to…
Articles 8-11 of the Directive on Copyright in the Digital Single Market (CDSM) aim to establish a clear framework for the digitisation and dissemination, including across borders, of works or…
Art. 2(2) of the DSM Directive defines ‘text and data mining’ as “any automated analytical technique aimed at analysing text and data in digital form in order to generate information which includes…
