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 […]
On Monday, the Finnish Ministry of Education and Culture held a public hearing on the implementation of Article 17 of the Copyright Directive. As part of this meeting, the Ministry outlined its proposal for a user rights-preserving “blocking procedure” that substantially deviates from all other implementation proposals that we have seen so far. The procedure […]
So far there we have seen two different approaches to implementing Article 17 into national copyright legislation. On the one hand, we have countries like France, the Netherlands, or Croatia who have presented implementation proposals that stick as closely as possible to the language and the structure of Article 17 while implementing its provisions within […]
On Tuesday, November 10, the Court of Justice of the European Union (CJEU) heard case C-401/19. This case is a request by the Polish government to annul the filtering obligation contained in Article 17 of the Copyright in the Digital Single Market (DSM) Directive on the grounds that it will lead to censorship and will […]
