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Penny Thornton

Posts by Penny Thornton

DSM Watch: Leaked Compromise Proposal by JURI on the Draft Regulation on Online Transmissions and Retransmissions by Broadcasters

Not long ago, we reported on the Committee on Legal Affairs’ (JURI) decision to temporarily postpone its final vote on the new Copyright Directive (COM(2016) 593). We also pointed to some other copyright-related initiatives the European Commission had initiated under the umbrella of the Digital Single Market which have come to a slight halt right

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

Europe reforms its Copyright

The Digital Single Market is gradually taking shape. We have seen quite some legislative activity since the European Commission first announced the Digital Single Market Strategy in May 2015. On 10 May this year, the Commission published a mid-term review evaluating what has been achieved. With the aim of creating an Internet without barriers throughout

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

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

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

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

UK High Court quashes copyright exception for private copying

Last month we reported on the case of BASCA v Secretary of State for Business and Innovation in which Green J held that the Government’s introduction of a UK “private copying” exception was unlawful. On 17 July 2015 Green J handed down a follow-up judgment quashing the regulations that introduced the private copying exception. This

From Fast Fashion to Wearable Technology – the pro’s and con’s of today’s licensing and collaboration in the fashion industry

Moschino’s inspired use of one of the world’s  best known fast-food brands in its 2014 Autumn/Winter Collection has been a run-away success, with handbags, iPhone cases, sweaters and backpacks already sold out. Some critics have accused Moschino of mocking the working class, who could not afford to buy luxury products but far from damaging the