The usage rights allowing quotation, criticism, review, parody, pastiche and caricature that have been harmonised in the context of Article 17 of the Copyright in the Digital Single Market Directive, as well as incidental uses, should be guaranteed by a mandatory exception at the EU level for all uses.
This report analyses how Member States have implemented key user rights provisions of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DSM Directive). The report is accompanied by a database of the national legislative sources underpinning the report’s findings. By examining national implementation across the European Union, the report […]
This week, COMMUNIA made a submission to a call for evidence on the assessment of the May 2023 Commission Recommendation on combating online piracy of sports and other live events (available as a PDF file). The Commission is set to assess whether the Recommendation has led to the adoption of effective measures against the unauthorised […]
As reported in earlier posts on this blog and on the Kluwer Copyright Blog, in a 2022 study, I examined the national implementations in the 11 Member States that had at that time transposed Article 15 (the press publishers’ right) and Article 17 (the special copyright liability regime for “online content-sharing services providers” (OCSSPs)) of the EU’s Copyright in the Digital Single Market Directive (CDSMD). […]
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 […]
Today marks the fifth anniversary of the adoption of the DSM Directive. To celebrate the occasion, we are releasing a supplement to our series of blog posts on trends in national copyright policy following the DSM implementation. The Post-DSM Copyright Report series analyses the national transpositions of all Member States that have finalised their national […]
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 September 19th, 2022, we are organising — together with Gesellschaft für Freiheitsrechte — the Filtered Futures conference on fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the copyright directive. The CJEU decision on Article 17 of the copyright directive has defined a framework for the use of automated […]
These factsheets present the best examples of copyright exceptions for the protection of the freedom of panorama, parody, education and quotations. They were prepared by Anna Mazgal and Teresa Nobre, and are based on our study Best Case Scenarios for Copyright.
In this publication edited by Teresa Nobre we present four national exceptions and limitations to copyright, which, like the EU exceptions, are embodied in abstract norms that allow for a wide spectrum of uses of all categories of copyrighted works by all sorts of users. These exceptions are considered the best examples of national exceptions […]
