Remove Database Right Remove Marketing Remove Reference
article thumbnail

Access to information and competition concerns enter the sui generis right’s infringement test – The CJEU redefines the database right

Kluwer Copyright Blog

The facts of the case are expertly described by Tatiana Synodinou in her comment on the AG’s Opinion and we refer the readers to them. In a nutshell, a specialist search engine engaging in re-use of substantial parts of the database of a job adverts website was accused of violating sui generis database right.

article thumbnail

DPG Media et al vs. HowardsHome – A national ruling on DSM’s press publishers’ rights and TDM exceptions

Kluwer Copyright Blog

Photo by Matt Popovich on Unsplash Introduction The 2019 Copyright in the Digital Single Market (DSM) Directive is a complex legislative text that raises several questions of legal interpretation. The Publishers argue that this infringes their exclusive rights to reproduction and to making available their work to the public.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Kluwer Copyright Blog

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. 39 with further references). Otherwise, the Directive’s goal of harmonizing and creating a digital single market could be severely hindered.

Art 85
article thumbnail

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

Kluwer Copyright Blog

This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC.

article thumbnail

EU copyright law round up – second trimester of 2022

Kluwer Copyright Blog

An agreement was reached in April 2022 between the European Parliament and EU Member States on the Digital Services Act, which was followed by an endorsement by the Parliament’s Internal Market Committee later in June 2022 and (although strictly not in this second trimester) the final text was approved on 5 July.

article thumbnail

EU copyright law round up – second trimester of 2023

Kluwer Copyright Blog

As readers know, many Member States missed the deadline, so in February 2023 the Commission referred 11 of them to the CJEU for failure to fully transpose the Directive. CDSM Directive implementation The CDSM Directive implementation is still far from over. Almost all EU member states have implementesd the Directive into their national laws.

article thumbnail

EU copyright law round up – second trimester of 2021

Kluwer Copyright Blog

This case relates to the sui generis database right and its application to the activity of search engines. This judgment refers to a challenge brought by Public.Resource.Org, Inc. Some interesting preliminary references to the CJEU to look out for include: Stichting Brein. ( CJEU judgments and AG Opinions.