©-LAW

Further to the  leaked  draft version  of the Commission Staff Working Document - Impact  Assessment on the modernisation of EU copyright rules, here's a new leak from Brussels! It is the draft version of the forthcoming  [it should be presented next month as part of the second copyright package]  Directive on copyright in the Digital Single Market. Taking into account digital and cross-border uses of copyright content, this new piece of legislation will change the copyright  acquis .  More specifically, it will:  introduce new exceptions and limitations, facilitate licences, and set rules aimed at ensuring a well-functioning marketplace for the exploitation of works and other subject-matter  [translated: address the so called 'value gap'] . Mandatory exceptions (without freedom of panorama?) Contrary to the general structure of Article 5 of the  InfoSoc Directive  which - with the exception of temporary co...

Every woman's dream: a decoder card to watch Champions League matches with her beau Can a blocking injunction concern a target website as well as any possible top-level  domains and other sites - without specifying which - associated with it?  This is the question that the Tribunale di Milano (Milan Court of First Instance) addressed and answered in the NEGATIVE in an interesting interim decision (an  ordinanza , RG No 31892/2016 -  Mediaset Premium v Orlando and Others ) on 27 July 2016, as reported by and commented on very useful online resource  Marchi & Brevetti . Background In late May 2016 Mediaset Premium - which holds the exclusive broadcasting rights for the Italian territory of the football matches of some of the principal teams of the  Serie A  and  UEFA Champions League  - brought an action seeking an interim injunction against a number of major Italian internet service providers (ISPs) to block access to Calcion. The...

Still on the leaked IA ... This may not be just a good exam question for undergraduate IP law students  [note to  self: something for next year] , but also lawyers and policy-makers currently discussing EU copyright reform. As  reported  by this blog, earlier this week Statewatch  leaked  a draft version of  the Commission Staff Working Document - Impact Assessment on the modernisation of EU copyright rules  [it is however unclear whether the one leaked is the version currently being considered by the Commission] . The document is extremely interesting for various reasons. Among the things, the Commission addresses the problem of right holders facing great difficulties, or being unable, " to negotiate with online service providers that store and give access to large amounts of protected content uploaded by their users. This results in right holders having limited control over the use and the remuneration for the use of their content."...

Finding a safe harbour? A mission that can wait The  Ecommerce Directive  envisages a number of immunities (known as safe harbours) that  shield internet service providers (ISPs) from liability for third-party content that they transmit, cache or host. In the context of its  Digital Single Market Strategy   [Katposts  here ]  the EU Commission is currently engaged in a discussion of whether the liability principles and rules contained in that EU directive for the benefit of ISPs should be amended  [the next EU copyright package is awaited for release in the second half of September - see  here  for a leaked version] . With specific regard to copyright, one of the principal concerns relates to a particular type of ISP, ie hosting providers.  Unlicensed hosting providers have been increasingly said to invoke the relevant safe harbour immunity in the EU Ecommerce Directive  [Article 14]  lacking the conditio...

Brussels correspondent: Mystery Kat What does the EU Commission intend to propose when it releases its next copyright  package next month? This is a question that has been haunting EU copyright enthusiasts for a few months now.  While we wait for the official documents, Statewatch has just leaked a draft version of the Commission Staff Working Document - Impact Assessment on the modernisation of EU copyright rules  [ here's the link ] . While this draft document is composed of nearly 200 pages and IT IS UNCLEAR WHETHER IT IS THE VERSION CURRENTLY BEING CONSIDERED BY THE COMMISSION, these - in a nutshell - are the  possible  future moves of the Commission: Access to content Ensuring wider access to online transmissions of broadcasting organisations by applying country of origin rule to the clearing of rights for broadcasters' online services ancillary to their initial broadcast  [this is not surprising: I had suggested  something  along t...

Beautiful Singapore Singapore is currently engaged in a significant reform of its  Copyright Act .  In this context,  yesterday Government launched a  public consultation   [open until 24 October 2016, 5 pm GMT+8]  to seek feedback on proposed changes to this country's  copyright regime . This is the  full consultation paper . In particular, views are sought on the following  issues : Formalities : whether Singapore should have a voluntary system of copyright registration, and details associated with such a copyright registry  [it is important to recall that the no formalities rule contained in  Article 5(2)  of the Berne Convention only applies in an international - not domestic - context] . First ownership : whether creators of certain commissioned works should have first ownership of the copyright in the works.  Duration : whether the duration of copyright protection for unpublished works should be limit...

For some odd reasons, it seems that many good IP titles are being released at a time of  the year when - at least in the Northern hemisphere - the attention for anything that relates to IP is increasingly and acutely replaced by a  slightly  stronger interest for holidays, sunshine, and the outdoors. This has been also the fate of the following excellent titles: The much-awaited second edition of  Concise European Copyright Law , edited by Thomas Dreier and Bernt Hugenholtz (Kluwer:2016) Despite the pretty appearance and title that might induce you into thinking that this is just concise overview of EU copyright law, be reassured that it's not  [and not just because the tome exceeds 700 pages] .  I first encountered this book (at that time in its first edition) as a student. It was hiding on a library shelf, pressed in between much heavier  [in every sense]  and thicker copyright books. The fame of the editors prompted me ...

Mr Justice Gerard Hogan, who delivered the Court of Appeal judgment What (if any) steps may a court require internet service providers (ISPs) to take to assist  copyright holders to identify customers who use the network provided by these providers to access the internet for the purpose of illegally downloading or uploading copyright material? What kind of jurisdiction does Article 8(3) of the InfoSoc Directive, as implemented into the laws of Member States, confer upon national courts?   These are the very questions that the the Irish Court of Appeal (Hogan J) addressed in an interesting  judgment  issued at the end of July, further to the appeal brought by UPC against the 2015  judgment  of Cregan J in the High Court.  There, Cregan J had ordered this ISP to implement a form of  graduated response system  (GRS) within its network for the benefit of - amongst others - Sony Music.  Apparently, the type of GRS orde...