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Italy has transposed the DSM Directive

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Merpel celebrated Halloween in Florence Together with Spain   [Katpost  here ] , this week it has been Italy’s turn to transpose the   DSM Directive   into its own law. Next week, the   Legislative Decree   approved by the Council of Ministers will be published on the Italian Official Journal ( Gazzetta Ufficiale ). During the summer, The IPKat  discussed  the content of some of the most ‘interesting’ draft provisions that Italy was considering adopting to implement the Directive into its own law. The final text of the Italian Legislative Decree does not substantially depart from that draft legislation. Let’s take a closer look at of some of the provisions – online content sharing service providers (OCSSPs), text and data mining (TDM), press publishers’ right – eventually adopted and see what mark the new Italian provisions may deserve from the perspective of compliance with their EU counterparts – respectively: Articles 17, 3-4, and 15 of the Dir...

DSM Directive Series #2: Is the press publishers' right waivable?

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The IPKat after the introduction  of the press publishers' right:  dream and ... As  reported  by The IPKat, last week the European Parliament approved the  latest version  of the  Directive on copyright in the Digital Single Market (DSM Directive) which, once approved one last time by EU Member States and published on the Official Journal, will officially come into effect and will then require transposition at the national level. Still last week, The IPKat launched a 'DSM Directive Series' of posts to comment on certain key aspects of this forthcoming piece of EU legislation. The first post of the series, "Do Member States have to transpose the value gap provision and does the YouTube referral matter?" is available  here . Today, I shall be focusing on a different provision, that is what is now Article 15 of the DSM Directive (formerly, Article 11) and the new press publishers' right envisaged therein. The wording...