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Category Archives: Copyright & Content

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Webinar Invitation: Digital Single Market 2018 – It is becoming real!

The EU Commission announced its Digital Single Market (DSM) strategy in May 2015. Since then, plenty of draft directives and regulations have been put on the table. Many of those will be enacted within the next weeks and months. The EU Parliament and Council are currently in the process of agreeing on last amendments to

IPunkt – German language (Deutsch) IP newsletter

Our German network is delighted to provide IP news and updates in German language. Please click the link below to read the latest IPunkt edition. IPunkt – Deutsch (German language) German language IP news is also regularly published on our cross-practice DE blog

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

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,

Europe: Blockchain – Practical and legal challenges

The increasing digitization of the private as well as economic realm is undeniable. The European Commission is constantly pushing the Digital Single Market forward. In the same breath as the ubiquitous phenomenon of digitalization, blockchain technology is all too often mentioned. A bright future is predicted for it even if the actual applications have, admittedly, been rare in practice so far.

German Federal Court rules on Google’s Image Search – Thumbnails III

On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name “Vorschaubilder III” (“Thumbnail III“). And, it is already to be anticipated that it will leave both experts and

Monkey See, Monkey Do… Monkey Own? The Curious Case of Naruto v. Slater

When wildlife photographer David Slater set up his camera in the rainforests of Indonesia, he hardly expected to ignite a copyright battle with a monkey. Nonetheless, the legal dispute between Slater and Naruto, a crested macaque represented by his “next friends,” People for the Ethical Treatment of Animals (“PETA”) has captured the attention of the

“The Connected World”: Intellectual Value Event – London

Please join us on 17 October when we will be hosting our annual Intellectual Value seminar – this year focusing on ‘The Connected World’ and a variety of topics from across the Internet of Things. From factories to offices, vehicles to homes, smart technologies are transforming every aspect of our society – and they’re here to stay. Businesses need

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

China launches its annual piracy crackdown campaign: focus on online piracy of films and TV programs

China’s State Intellectual Property Office has recently announced, in a joint declaration with three other ministerial bodies, the launch of its annual online piracy crackdown campaign called the “Red Shield Net Sword Campaign” (红盾网剑专项行动). This year’s crackdown campaign promises to take a heavy hand against the unauthorized online distribution of films, TV programs and other

EU institutions vote for more books for blind and visually impaired people

Four years after signing the Marrakesh Treaty (introduced by the WIPO) to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled, the EU institutions finally voted for its implementation. With over 600 votes, the European Parliament adopted the final compromise on 6 July 2017. The European Council ratified

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

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.