This article was first published on the Open Future blog on October 10, 2024. Two weeks ago, the Landgericht Hamburg decided the case LAION vs Kneschke. The latter – a photographer – had sued LAION for including one of his pictures in the LAION-5B training data set, claiming that this amounted to copyright infringement. The […]
This article was first published on Kluwer Copyright Blog on June 7, 2024. Today marks the fifth anniversary of the entry into force of the Directive on Copyright in the Digital Single Market. It is hard to remember how divisive and controversial the Directive was during its creation. The Directive’s most controversial provision – Article […]
This article was first published on Kluwer Copyright Blog on February 20, 2024. When life gives you lemons, make lemonade. This must have been the key insight at the Polish Culture and National Heritage Ministry when the new administration took over and discovered that more than 2.5 years after the implementation deadline, Poland still had to […]
Last week Germany’s highest court, the Bundesgerichtshof (BGH), for the 2nd time in less than a decade referred questions related to the Metall auf Metall case to the European Court of Justice. This time the BGH is asking the CJEU to explain the concept of pastiche so that it can determine if the use of […]
The Czech Republic is one of the last EU member States yet to implement the CDSM directive into national law. The Czech government had produced an initial draft of the implementation act in November 2020, which has since been moving through the legislative parliament. Last week, the Chamber of Deputies of the Czech Parliament adopted […]
It is four and a half months since the CJEU — in its judgment in case C-401/19 — set clear limits for the use of automated filters to comply with the provisions of Article 17 of the CDSM directive. The court ultimately concluded that Article 17 is lawful and rejected Poland’s request for annulment of […]
On Wednesday the 2nd of March we hosted a Salon on the treatment of the Sui Generis Database Right (SGDR) in the European Commission’s proposal for a Data Act. Moderated by Paul Keller, the Salon started with Krzysztof Nichczynski (DG Connect, European Commission), who shared insights into the Commission’s thinking on the Sui Generis Database […]
For anyone interested in the discussions about automated content filtering, Christmas came early this week: On Monday YouTube published the first edition of its Copyright Transparency Report. The report that covers copyright enforcement actions on the platform for the period from January to June of this year provides much needed insights into how YouTube’s various copyright […]
When the Austrian government published its implementation proposal for Article 17 in December 2020 we called it “the most realistic implementation proposal yet“. On the 3rd of September the Austrian Ministry of Justice published a draft version of the implementation law covering all provisions of the CDSM directive, which includes revised provisions for implementing Article […]
At the beginning of February, the German Government (the “Bundeskabinett”) adopted the proposal for the implementation of the copyright directive, which opens the path for discussions in Parliament. While the proposal that has been adopted earlier this month has undergone significant changes since the first versions emerged in January 2020 (the provisions dealing the the […]
