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Category Archives: Copyright & Content

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CJEU to rule on press publishers’ neighbouring right

With decision of 8 May 2017, the regional Court of Berlin referred to questions for preliminary ruling to the Court of Justice of the European Union (CJEU). The court is concerned whether the rules on the press publishers’ neighbouring right – as implemented into German copyright law in 2013 – were properly enacted back then.

Digital Single Market: Commission takes stock at halftime

The European Commission is taking stock of what has been accomplished regarding its Strategy for a Digital Single Market. Two years ago, on 6 May 2015, Commissioners Oettinger and Ansip announced their strategy to create a single European market in the online world. Such market should rest on three pillars: (1) better access for consumers

CJEU rules on sale of multimedia players with add-ons to illegal streaming websites

There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15 – Filmspeler) that the sale of a multimedia player with pre-installed add-ons that contained links to illegal streaming websites constitutes a copyright infringement. At the same

3D Printing: Are you 3DP Ready?

3D printing has already been around for decades and has disrupted certain industries, such as hearing aids. One likely impact is an increase in IP infringement, with Gartner predicting that this could reach $100 billion a year by 2018. Now that a number of key patents have expired, 3D printers are becoming cheaper and offer

AI & copyright issues considered in HL academic all-stars debate

On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends for 2017, including regulation of artificial intelligence, competition law and big data, global privacy and copyright trends,

DSM Watch: The new copyright directive – What will happen to the liability privilege of platforms?

Since the first proposals for amendments to the European Commission’s draft copyright directive were leaked earlier this month, we have seen quite some discussion on what the Digital Single Market will bring about. The leaked report was drafted by the European Parliament’s Committee on Legal Affairs. MEP Therese Comodini Cachia takes responsibility over the subject.

DSM Watch: Leaked European Parliament comments may modify press rights under Copyright Directive

The European commission published its last draft directive on the modernizing of the European copyright law (COM(2016) 593 final) on 14 September 2016. The draft was part of a larger strategy to bring about a single digital market within the European Union. Back then, the legislative proposal triggered quite some discussion given that its provisions

Webinar, 17 March: Law & technology trends for 2017 – key academics weigh in

On Friday 17 March top academic thinkers will exchange ideas with Hogan Lovells, including Seagull Song of our IP team in LA, via webinar on key technology drivers for 2017. The discussion will focus on how data protection, antitrust, copyright, and internet regulation will need to adapt to disruptive technologies, such as AI and blockchain.

EU Commission agrees new rules allowing Europeans to watch online content services across EU borders

On 7 February, negotiators for the European Parliament, Member States and the Commission agreed the proposal for a regulation on EU cross-border portability of online content services. This is the first agreement relating to the modernisation of EU copyright rules proposed by the Commission as part of the Digital Single Market strategy. Under the new

DSM webinar highlights – copyright and more for 2017

In a February 7, 2017 webinar, the Hogan Lovells Digital Single Market (DSM) team presented its take on new developments for 2017. Nils Rauer was among the speakers and commented on the Commission’s efforts to regulate large video sharing platforms, both through the proposed copyright directive, which would impose heightened obligations on platforms to fight

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that index content available on peer-to-peer (P2P) networks, such as The Pirate Bay, infringe copyright when there is no

Paul McCartney chants ‘Get Back’ again – The Future of Copyright Termination

The US Copyright Act of 1976 allows artists, writers, and musicians to “get back” grants of copyrights that had been previously licensed or assigned away. Specifically, artists can “terminate” their copyright arrangements simply by serving notice upon the grantee between 46 and 59 years after the date that the rights were granted.  This means that,

EU: Digital Single Market webinar – 2017 Highlights – 7 Feb

The Digital Single Market (DSM) strategy the EU Commission announced in May 2015 is about to spread its wings. 2016 saw it grow remarkably with legislative initiatives being pushed forward at various ends including the ban on geo-blocking, portability of online content (the so-called “Connectivity Package“), the “Copyright Package,” and most recently, the Commission published

EU: Risk of IP litigation II: CJEU – Moral damages

In this IP Enforcement Focus v-log, we report on a decision by the European Court of Justice dealing with damage claims in the field of IP. The question the court had to answer was whether moral damages can be obtained in addition to damages based on a fictional license fee. (CJEU – C-99/15) Watch this

U.S. : Digital Millennium Copyright Act – DMCA agent revamp, act now

Online Service Providers (OSPs) must register under a new electronic system by December 31, 2017 but can, and should, as soon as possible. The U.S. Copyright Office has ditched the scanned paper system for registration of DMCA Agents. OSPs seeking safe harbor protections may now register using the new electronic system, which launched December 1,

France: Disparagement or FRAND offer?

A letter to the customers of a handset conceiver and seller, warning them against possible infringement, may constitute an offer for a Fair Reasonable And Non-Discriminatory (“FRAND”) license and is not constitutive of unfair competition. Wiko v. SISVEL, Commercial Court of Marseille, France 20/09/2016 The case reported is the first French FRAND-case initiated after the Huawei/ZTE

IP aspects of China’s new controversial Cyber Security Law

China’s Cyber Security Law, which will take effect from 1 June, 2017 was finally adopted on 7 November. The third draft of the law adopted by the Standing Committee of the National People’s Congress, China’s highest legislative authority, contained few changes from the second draft put forward for comment in July, 2016 (see our briefing).

EP Committee on Legal Affairs: Cross-border portability and obligations for service providers

A further step towards the reform of European copyright was taken on 29 November 2016. The Committee on Legal Affairs of the European Parliament (JURI) not only voted for a proposal for a regulation on ensuring the cross-border portability of online content services in the internal market; in its Brussels meeting, JURI also organized a public hearing

CJEU: Exceptions of InfoSoc do not cover out-of-commerce works

Is it permitted to reproduce out-of-commerce works and make them publicly accessible under European copyright exceptions? So far, there is no explicit regulation at European level dealing with out-of-commerce works. However, a few member states, including Germany, have already complemented their copyright by way of introduction of new provisions governing the use that one can

IP Newsletter – IPunkt , German language (Deutsch)

Our German network is delighted to provide IP news and updates in German language. The latest edition from November 2016 can be accessed at the link below. IPunkt – Deutsch (German language) German language IP news is also regularly published on our DE blog

CJEU: Landmark decision on digital lending of e-books

On 10 November 2016, the European Court of Justice (CJEU) rendered a landmark decision on the lending of e-books. Public libraries may rely on statutory copyright exceptions when lending out e-books and are not required to obtain a contractual license explicitly covering such e-lending right. With its decision, the CJEU applies the same legal principles

Germany: YouTube and GEMA reach a licensing agreement on music videos

For years, a great number of music videos generally available on YouTube have been blocked in Germany. The standard message Internet users could read was “This video is not available in Germany“. Those days belong to the past since earlier this week, as a long-lasting dispute between the German collecting society GEMA and YouTube has been

CJEU: Advocate General comments on radio and TV in hotel rooms

Guests entering hotel rooms expect to be able to turn on the TV or listen to the radio. Accordingly, TVs and radios feature in almost any hotel room around the world. However, this commodity has been the trigger for numerous legal disputes in recent years. As always, the quarrel is about money. In this post