The provisions of the Copyright Directive (COM(2016)593) are currently being discussed between the Council, the Parliament and the Commission in order to reach a compromise wording. Though these talks are generally strictly confidential, some working documents occasionally find their way out. Here is a summary of the lessons we can learn from the latest document
Nils Rauer
DSM Copyright Directive: a new leak reveals there is still a long way to go
CJEU pokes holes in copyright protection for the taste of cheese
This week, the European Court of Justice (CJEU) ruled that the taste of cheese does not enjoy any copyright protection (C-310/17). Although this preliminary ruling procedure from the Netherlands may sound bizarre, the effects of the decision should not be underestimated: for the first time, the CJEU had to make a direct statement on the
Advocate General rejects copyright infringement in German Afghanistan Papers case
Can the Federal Republic of Germany invoke a copyright on military status reports? This is the key question currently before the European Court of Justice (CJEU) (Case Ref. C-469/17). But before the Court submits a ruling on the case, presumably in early spring 2019, Advocate General Maciej Szpunar published his Opinion on 25 October 2018.
EU Commission provides guidance on new Geo-Blocking Regulation
In the European Commission’s plan to create a unified Digital Single Market, the measures to promote e-Commerce are well ranked. A reason for that is the increasing impact that the digital world, and especially online shopping, is having on our lives. The Internet per se recognizes no border, and therefore artificial barriers may feel even
EU Copyright – Infringing the distribution right: AG includes warehousing of counterfeits
A Swedish preliminary ruling procedure is currently pending before the European Court of Justice (CJEU) and represents the latest in a run of rulings on the scope of the distribution right under Article 4 of the InfoSoc Directive. It focuses on the question of whether distribution can also be assumed if the infringing goods are
DSM Watch: EU copyright “Value Gap” – A video guide
The European Copyright Directive seeks to strike the right balance between the remuneration received by authors and performers, and the profits made by internet platforms when they make their works accessible. This difference is known as the value gap. Our 4 minute video summary covers the following points: What is it? What’s the issue? What about
Provider liability: First YouTube, now “uploaded” – next case before the CJEU
Only two weeks ago, the Federal Court of Justice (BGH) referred various questions to the Court of Justice of the European Union (CJEU) concerning the liability of the video platform YouTube. There, the court’s queries focused on who is actually responsible for unlawfully uploaded content – just the uploader himself or the service provider as
German Court rules on Porsche design
The silhouette and outer appearance of the first Porsche is world famous. Up until today, we see the charismatic shaping mirrored in the current model series. It has been a remarkable and uncomparable success story ever since the first chief designer Erwin Komenda and his team worked out the initial Porsche design. Lately, Komenda’s heiress
German Federal Court of Justice submits copyright dispute over YouTube to CJEU
This week, copyright is all over the place. After the European Parliament voted on proposed copyright reform in Europe last Wednesday (12 September 2018), the long-awaited decision of the German Federal Court of Justice (BGH) on the question to what extent video platforms such as YouTube carry out their own acts of use, i.e. a
DSM Watch – New EU Copyright Directive: Parliament votes to retain controversial aspects
After weeks and weeks of debate and the failure to reach a parliamentary consensus in July, the European Parliament today paved the way towards the long-awaited start of the trilogue negotiations amongst the Parliament, the Council and the Commission. The copyright reform is therefore progressing, which is good news as such. However, it was once
New Copyright Directive: Tension rises in anticipation of European Parliament’s vote
Once again, the debate regarding the controversial DSM Copyright Directive is picking up steam. Next week, the European Parliament will liaise about the various amendments that will be tabled by a number of different groups of parliamentarians from various political backgrounds. As mentioned in our previous blogs and videos, on 5 July 2018, the European
Germany: No indirect liability for open Wifi
At the end of July, the German Federal Court handed down its judgment in a copyright case having huge impact for operators of open Wifi services. For the first time, the judges had to deal with Sec. 7 (4) and Sec. 8 (1) s. 2 of the German Telemedia Act (hereinafter “GTA“) as lately amended.
CJEU: Re-posting content is a “communication to the public”
Copying an image from a website and using it for one’s own purposes, e.g. the illustration of a memo which eventually happens to be uploaded to another website – this happens a hundred times every day. However, such conduct is a copyright infringement. This is the clear answer the Court of Justice of the European
Europe: CJEU / GC roundup – H1 2018
Over the first half year, we have covered a number of high profile cases heard before the General Court (GC) and the European Court of Justice (CJEU). Here’s a quick roundup of the cases with a takeaway summary for each: Preliminary ruling on designs which are solely dictated by technical functions “The court considered the
Can a taste be protected by copyright in Europe?
This is, in essence, the fundamental question that has been submitted to the CJEU in the case C-310/17 (Levola Hengelo v. Smile Foods). The opinion of Advocate General Wathelet (read it here, no English version yet) released on 25 July 2018 is that the taste of food (in this case of cheese) is not protectable
A second market for “used” e-books – CJEU will decide
Ever since the European Court of Justice (CJEU) in its highly regarded UsedSoft ruling declared the resale of “used” software admissible (dated 3 July 2012, C-128/11), the discussion has persistently centered around the question whether the idea of the so-called exhaustion, upon which UsedSoft is essentially based, could or should be extended to other digital
The EU Commission is set to address the challenges of three-dimensional printing
Additive manufacturing, more commonly called “three-dimensional printing” or simply “3D printing“, is a truly fascinating technology. Whilst the first experiments date back to the 1960s, with the first meaningful industrial applications following in the 1980s, only throughout the last couple of years has the technology really gained momentum. Meanwhile, the market is growing rapidly. The
European Parliament votes to reject controversial Copyright Directive proposal
In a dramatic turn of events, the European Parliament has today voted to reject the compromise position on the controversial draft DSM Copyright Directive, which was adopted by the Committee on Legal Affairs (JURI) of the European Parliament on 20 June 2018. A debate on the draft Directive by the whole European Parliament is now
DSM Watch: One step closer to a European copyright reform
After a long and intense debate – including several postponements – the Committee of Legal Affairs of the European Parliament (JURI) this morning finally agreed on its position on the draft DSM copyright directive. Of course, the plenary is still required to hand down its final vote on JURI’s report. And the trilogue amongst the
DSM Watch: Copyright Directive moves a step closer as EU Council publishes agreed draft
On 25 May 2018, after months of discussions, the EU Council’s Permanent Representatives Committee (COREPER) finally agreed its position on the draft Copyright Directive (see the official press release here), although it has been suggested that Germany, Finland, the Netherlands, Slovenia, Belgium and Hungary did not support it. The agreed text (read it in full
European Copyright Society – Intense discussion on how to move on with the copyright reform
On 25 May 2018, the European Copyright Society (ECS) hosted a very informative and encouraging conference on the current status quo of the pending copyright reform. The title of the summit was well-chosen and equally simple: “EU copyright, quo vadis? – From the EU copyright package to the challenges of Artificial intelligence“. Less simple, however,
DSM Watch: EU Copyright reform – where do we stand?
Reform of EU copyright is the core of the Commission’s Digital Single Market strategy. Various legislative initiatives have been proposed but the “heart” of the reform is without a doubt the proposal for a new copyright directive. While there appears to be a growing consensus on the wording of most articles, a few key provisions
EU: Portability Regulation – important deadline of 2 June 2018
The Portability Regulation (EU) 2017/1128 came into force on 1 April 2018. Part of the EU Commission’s aim to establish a Digital Single Market, the Regulation facilitates cross-border portability of online content. It allows for subscribed content services to “travel” with the subscriber throughout the entire European Union. Be it movies, sport events, music, e-books,
EU Advocate General opines on legality of reuse of freely available online content
The concept of a “communication to the public” under the InfoSoc Directive has given rise to a great many cases yet the meaning remains somewhat uncertain. In a case brought by the German Federal Court of Justice (Bundesgerichtshof), the Court of Justice of the European Union (CJEU) will soon have to add a further piece