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Category Archives: Copyright & Content

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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

Brexit and IP: impact of a no deal exit

On Monday the UK government published a series of notices on the impact of a no-deal Brexit on intellectual property right-holders. The notices are part of a series of notices the government has published recently setting out what would happen for key industries in the event of a no-deal Brexit and what industry should do

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

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

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

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

Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead

Virtually all industries are being reshaped with the use of Artificial Intelligence and advanced machine-learning. Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social media, and beyond is being affected. These new technologies present a variety of commercial opportunities and the potential to change our daily lives. At the

UK Supreme Court holds rights-holders should bear the costs of web-blocking injunctions

The Supreme Court handed down its much anticipated judgment in Cartier International AG v British Telecommunications Plc today. The Judges held unanimously that rights-holders should bear the costs of implementing website-blocking injunctions. In doing so, the Supreme Court reversed the Court of Appeal majority judgment. Although the case concerned blocking sites selling counterfeits, the judgment

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

Total Brand Care Series: 12 June – Protecting and enhancing your brand’s value is much more than just a trade mark issue.

London: 12 June 2018, 08:30 – 18:30   Join us on 12 June for a seminar specifically designed to help you consider the diverse commercial and legal matters that impact positively and negatively on brand value and the overall success of your business. Topics will cover: Collecting, using and protecting customer data Protecting your brand

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,