content regulation / Copyright / Internet intermediaries / online platforms

Online platforms & copyright: The CJEU v The EC?

Boosting the EU Digital Single Market is not an easy task. Full of energy, the European Commission (EC) disclosed its strategy one year ago in the Communication on Online Platforms and the Digital Single Market, in which it announced that “in the next copyright package, to be adopted in the autumn of 2016, the Commission … Continue reading

content regulation / Copyright / Internet intermediaries

If we had to live with Article 13 of the proposed Copyright Directive, what should it look like?

Readers might remember an open letter sent to the European Commission, the European Parliament and the Council a few weeks after the release by the European Commission of a proposal for a new Copyright Directive on 14 September 2016. The open letter, an initiative led by iCLIC, a Southampton University based research centre, had been … Continue reading

content regulation / Copyright / Intellectual Property / Internet intermediaries / liability

AG CAMPOS SÁNCHEZ-BORDONA in Stichting Brein: what is the link between GS Media and Article 15 ECD?

      The Court of Justice of the EU (CJEU)’s Advocate General (AG) Campos Sanchez-Bordona issued his opinion yesterday in the case C‑527/15 Stichting Brein v Jack Frederik Wullems, acting under the name of Filmspeler, which is again a case involving the infamous right to communicate copyright works to the public. Very briefly, the … Continue reading

content regulation / Copyright / illegal content / immunities / Internet intermediaries / ISPs / notice-and-take down / safe harbour

The CJEU rules on free access to wireless local area networks in McFadden: The last(?) shudder of Article 15 ECD, the vanishing of effective remedies, and a big farewell to free Wi-Fi!

Let us now turn to the last intellectual work of the Court of Justice of the European Union (CJEU) in the field of copyright and intermediary liability [it is indeed really difficult to get rid of them!] which was released today: Case C‑484/14 Tobias Mc Fadden v Sony Music Entertainment Germany GmbH. Once again, the … Continue reading

content regulation / Copyright / filtering / illegal content / immunities / Intellectual Property / Internet intermediaries

Article 15(1) ECD is dead! Long live Article 15(2) ECD! Or how the European Commission stroke the last blow to the ECD safe harbours with its proposed copyright Directive!

  So here we are, never 2 without 3. After the proposed Audiovisual Media Services Directive (AMSD), and the Code of Conduct on countering illegal hate speech, here comes the proposed Directive on copyright in the Digital Single Market! This proposed Directive contains 24 Articles and touches upon hotly debated and controversial issues, such as … Continue reading

content regulation / Copyright / immunities / Internet intermediaries / liability / Linking / notice-and-take down

The CJEU on its head: Is GS Media consistent with Google v Vuitton?

The decision of the CJEU (Court of Justice of the EU) in the GS Media case is a shock. For those who are still enjoying your summer holidays, the CJEU issued today a decision that will not be forgotten easily. The first reason is that the CJEU does not follow its Advocate General (AG), who … Continue reading

Copyright / Data protection / Google / Internet intermediaries / Linking / Privacy

I link, he delists and they get entangled in! Re-mixing copyright, trade marks and data protection while waiting for the CJEU’s decision in GS Media…

Some of you certainly remember the Google v Vuitton case decided by the CJEU some years ago now, in 2010, which was a case about trade mark infringement. (Sometimes it is useful to go back to the roots!) To make the story short, the case involved the use of keywords corresponding to trade marks in … Continue reading