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The InfoSoc Directive Ten Years After
On May 22 of this year Directive 2001/29/EC was exactly 10 years old – a birthday largely gone unnoticed. The ‘Copyright Directive’ or ‘Information Society Directive’ (for experts: ‘InfoSoc Directive’)...
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Ten years InfoSoc: a small note from a biased attendee to the conference
Last Friday, 13 January 2012, the conference “InfoSoc @ Ten: Ten Years after the EU Directive on Copyright in the Information Society” took place in the European Parliament. The conference, organized...
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UK Private Copying Exception ruled illegal
In October 2014 the government introduced a series of changes to the UK’s copyright regime. One change, key to the objective of making copyright law better suited to the digital age, was the...
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Private Copying, an Institution Shaped by the Courts
The progressive breakdown of the legal system regulating compensatory remuneration for private copying has given rise to some unusual cases. We consider this to be true of a Spanish Supreme Court...
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Update on the UK Private Copying Exception
We reported here last month that the private copying exception, which took effect on 1 October 2014 as s.28B of the Copyright, Designs and Patents Act, was declared unlawful by the High Court. The...
View ArticleEstonian Authors’ Society, Estonian Performers’ Union and Estonian...
An interesting case about the legality of a regulation issued by the Estonian Government on the “blank tape levy” The Estonian Authors’ Society, Estonian Performers’ Union and Estonian Association of...
View ArticleThe Court of Justice, the Commission, and the case for consolidation of EU...
Readers of this blog are familiar (or should I say fed up?) with the piecemeal legal framework of EU copyright. With nine directives in the field of copyright alone (plus one on enforcement), the legal...
View ArticleCJEU: no “communication to the public” when programme-carrying signals are...
Susanne van LeeuwenArticle 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the...
View ArticleCJEU: SBS Belgium v. SABAM, C-325/14, 19 November 2015
Patricia MariscalIn response to a reference from the Brussels Court of Appeal, the CJEU held that Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a...
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Swedish Supreme Court issues decision regarding the freedom of panorama
Johan Norderyd and Elna JönssonLindahlQuestion referred to the Supreme Court by Stockholm District Court in a case between Bildupphovsrätt i Sverige ek.för. (BUS) vs Wikimedia Sverige (Case nr Ö...
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An EU exception for Text and Data Mining in the pipeline
Irini StamatoudiHellenic Copyright OrganizationOur era is the era of ‘Big Data’. The proliferation of data that we have experienced in recent years is unprecedented, and its volume only grows. Some...
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The InfoSoc Directive Ten Years After
Bernt HugenholtzOn May 22 of this year Directive 2001/29/EC was exactly 10 years old – a birthday largely gone unnoticed. The ‘Copyright Directive’ or ‘Information Society Directive’ (for experts:...
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Estonia: Blank tape levy II, Supreme Court of Estonia, 2-14-54193, 29...
Elise VasamaeA full report of this case has been published on Kluwer IP Law. In this landmark case, the Estonian Supreme Court analysed in detail the legal issues relating to equitable remuneration for...
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The ECJ condemns the French Act on digital exploitation of out-of-print books
Brad SpitzThe French Act No. 2012-287 of 1 March 2012 ‘on the digital exploitation of unavailable books of the twentieth century’ created a specific compulsory collective management system for...
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AG Campos’ opinion on Filmspeler: a broader interpretation of ´communication...
Emmanuel Vargas PenagosOn December 8th 2016, Advocate General (AG) Campos Sánchez-Bordona delivered his opinion in Case C‑527/15- Stichting Brein v Jack Frederik Wullems, acting under the name of...
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The Ruling of the Court of Justice in Soulier Revisited
Florence-Marie PirouFollowing an interlocutory question from the French Council of State, in a dispute concerning the legality of the decree of 27 February 2013 on the application of the law of 1 March...
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Liability of Online Service Providers for Copyright Protected Content –...
Jan Bernd NordemannIn an in-depth analysis for the European Parliament, the author has looked at liability of online service providers with regard to infringements concerning copyright protected...
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Comments on Article 13 and related provisions in the JURI Committee Report...
Adj. Prof. Dr Silke von LewinskiIn the run-up to the Plenary vote of the European Parliament in June and again currently, some academics and other voices have criticized the JURI Committee Report...
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Reflections on the CJEU’s judgment in Spiegel online: is there a golden...
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 case...
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Sample, sample in my song, can they tell where you are from? The Pelham...
The first part of this blogpost discussed the interpretation given to the right of phonogram producers under Article 2(c) of Directive 2001/29/EC (InfoSoc Directive) and Article 9(1)(b) of Directive...
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