Following a long and winding procedure, Directive 2019/790 on Copyright in the Digital Single Market (CDSM Directive) and the SatCab 2.0 Directive (2019/789) were adopted last year. EU Member States…
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…
The turbulent relationship between copyright law and the freedoms of information and expression lies at the heart of the recent decision of the Court of Justice of the European Union (CJEU) in the…
On 10 January 2019, the Advocate General (AG) Szpunar delivered his opinion in the case Spiegel Online GmbH v Volker Beck (C 516/17). Part I of this blogpost explored the AG’s stance in relation to…
On 12 December 2018 Advocate General (AG) Szpunar delivered his Opinion in Case C-476/17, Pelham. The case concerns the practice of sampling, i.e. the reproduction of minimal parts of a phonogram…
Sampling is a technique used in the music industry which utilises parts of pre-existing recordings in order to create a new music composition. Although sampling has been a common practice and a…
The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice…
The Austrian Supreme Court has recently shed some light on the requirements for the admissible quotation of photos (judgment of 26 September 2017, 4Ob81/17s).
In this case, a photographer had taken…
“Yet, in contrast to the legislative measures that had been previously contemplated, this deal is only of a stand-alone character and will not affect the situation of smaller aggregators.”
A while…
