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Alastair Shaw

Posts by Alastair Shaw

Digital Single Market: Draft Copyright Directive – What is the current state of the European ancillary copyright for publishers?

The ever-lasting discussion regarding the implementation of a European ancillary copyright for press publishers has now entered the next round. In March 2017, MEP Therese Comodini Cachia, who then was the rapporteur of the European Parliament’s committee on legal affairs (JURI), spoke out against such a right (report), after the Commission had envisaged such a

DSM Watch: On your marks! Deadline for EU online Portability Regulation compliance is 20 March 2018

In our 21 June blog we reported that the text of this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, had been finalised by the European Parliament and Council.  The Regulation on ensuring the cross-border portability of online content services in the internal market ((EU) 2017/1128), to give

DSM Watch: EU online content services Portability Regulation will become law in its current form: Council adoption 8 June 2017

DSM Watch has been tracking this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, since back in December 2015.  The Commission’s aim was to allow consumers who pay for online content services in their home country to access them when visiting another country within the EU. In our

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities (see our earlier report ), the picture in the United States, China and Hong Kong is more complex. “‘It is, it is a glorious thing, to be a Pirate King,’ said W.S. Gilbert: but he was speaking

DSM Watch: Legislative proposals on Copyright officially released

These are exciting days for copyright fans. Yesterday, the European Commission officially published a communication accompanied by several – long awaited – legislative proposals regarding the future of the European copyright law (see this press release). The content of the individual documents does not come as a surprise given that we have seen a number

DSM Watch: Draft of new EU Copyright Directive leaked

Apparently, summer season is over in Brussels. Already last week, a comprehensive staff working paper was leaked dealing with the European Commission’s aim to modernize copyright law within the EU. (see our respective blog post). Then on Wednesday, a first draft of the new Copyright Directive became public. It deals with, among other points, new

EU: DSM-Watch – Commission staff working document on copyright reform leaked

As part of the Commissions Digital Single Market Strategy, the European copyright rules are also under review. So far, a rather general communication “Towards a modern, more European copyright framework” as well as a draft regulation on cross-border portability have been published (blog post series). This was in December 2015. Since then, particularly the draft

EU Trade Secrets: breaking news – European parliament passes trade secrets law with wide support: in force across EU by 2018

Earlier today, the European Parliament voted by a large majority of MEPs (503 to 131) for the enactment of the long-awaited EU Directive on  trade secrets.   The text of the Directive has already been informally agreed to by the Member States’ Council of Ministers, so its passage into EU law is now something of a

DSM Watch: Towards a modern European copyright framework (Part 4): Creating a fairer marketplace

This fourth blog in a series of five looks at the European Commission’s plans for “Creating a fairer marketplace”. Background The Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields such as telecommunication, consumer rights and Big Data, each of which is intended to bring

DSM Watch: Towards a modern European copyright framework (Part 3): copyright exceptions

Our third post in a series of five looks at the areas the European Commission has targeted for change in relation to copyright exceptions. Background The Commission’s Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields such as telecommunication, consumer rights and Big Data, each

DSM Watch – European Parliament votes for “Towards a Digital Single Market Act”

In its latest plenary session, the European Parliament (EP) adopted the resolution “Towards a Digital Single Market Act” (see press release). The resolution of 19 January 2016 forms the response to the Commission Digital Single Market Strategy (DSM) as announced in last May and pursued ever since. Background When the EU Commission published its DSM

DSM Watch: Towards a modern European copyright framework (Part 1)

In the first of a series of five, this blog overviews the European Commission’s action plan for modernising European copyright. Background In May 2015 the announcement of the EU Commission’s Digital Single Market (DSM) strategy received much attention. Our DSM Watch team is a multi-jurisdiction, cross-practice group working together to keep you informed as the initiatives under the

DSM Watch: A big day for the DSM – EU Commission publishes three legislative proposals and two policy documents dealing with copyright reform and e-commerce rules

If the Commission persuades the EU Parliament and Council to its views, EU-wide digital content portability for consumers will become a reality under a draft Regulation unveiled today* and aspects of online contract law for consumers will be fully harmonised across the EU under two new Directives, drafts of which were also published today*. This

DSM Watch: EU Commission to speak on legislative proposals for copyright next week – 9 December 2015, 1200 CET

Last week we reported Commission Vice-President for the Single Digital Market, Andrus Ansip saying in a speech at the University of Strasbourg “We intend to present our reform plans in a strategy paper in December.”  Well, today the Commission has set the date, time and place: Also, yesterday, it published a brief outline (below).  Whilst

DSM Watch: EU Commission announces first concrete legislative proposals – but when are they coming?

In this post we preview the EU Commission’s first concrete legislative proposals on reform of EU copyright under the DSM banner, and look further ahead to what the Commission has planned in this area for 2016. Background In May the announcement of the EU Commission’s Digital Single Market (DSM) strategy received much attention.  Our DSM

DSM Watch: Copyright Report approved by Legal Affairs Committee of EU Parliament. Whole EP to vote on 9 July

Following amendments voted on by the European Parliament’s Legal Affairs Committee yesterday, a somewhat watered-down version of its report on the implementation of the EU’s 2001 InfoSoc/Copyright Directive* will go forward for further likely amendment and vote by the full Parliament on 9 July 2015.  The full text of the report adopted by the committee,