Legislative process

365 articles available

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…

 Chapter 3 of Title IV of the Directive encompasses a set of six articles specifically directed at authors and performers (henceforth ‘creators’). For many industry stakeholders, this set of articles…

 According to Article 14 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive), “when the term of protection of a work of visual art has expired,…

 Introduction On 17 April the new EU Directive on copyright and related rights in the Digital Single Market (the DSM Directive) was adopted, following intense negotiations in the Council and the…