Fitting Platforms into a new liability system – The results of the CJEU YouTube/Uploaded Case, Article 17 DSM/UrhDaG and the DSA

23. May 2022

We are currently witnessing fundamental changes in Europe regarding the liability and the obligations of platforms for copyright infringements resulting from various parallel developments. 1. the European Court of Justice decision on the YouTube/Uploaded cases on 22nd June 2021 (C-682/18 and C-683/18); 2. national (here: German) legislation implementing Article 17 DSM-Directive (DIRECTIVE (EU) 2019/790), which… read more

UPDATE: Joint IPKat-BLACA-IFIM webinar on CJEU YouTube/Cyando judgement now available online

8. July 2021

On June 22 the European Court of Justice announced its highly anticipated decision in the YouTube/Uploaded case. The IPKat, Institutet för Immaterialrätt och Marknadsrätt (IFIM), and British Literary and Artistic Copyright Association (BLACA) have been organizing a panel discussion on the content and the consequences of such decision with speakers involved in this matter for… read more

New rules for digital content distribution on online content sharing services in Europe – rightholders, watch out!

4. February 2021

2021 will bring significant change for rightholders and online platforms alike. New regulation is on the horizon, especially for the so-called online content sharing service providers (so called ‘OCSSPs’), i.e. online platforms providing access to content that has been uploaded by the services’ users, such as YouTube, Reddit, TikTok, Scribd, ResearchGate, etc. A history of… read more

Academic publication regarding “The destruction of copyright” in the Journal of Intellectual Property Law and Practice

19. January 2021

Today, many internet services rely on material freely provided by their users as the main source of content offered on their services. In many cases, these platforms have become a primary location where that content is consumed, and they directly compete with ‘established’ content providers such as Spotify, Netflix and others. A major difference between the… read more

Recommendations from the European Data Protection Board: a silver lining for data exporters?

23. November 2020

The European Data Protection Board (“EDPB”) is an official entity established by the European Union to monitor and ensure the consistent application of the General Data Protection Regulation (“GDPR)” throughout the EU. Its existence and mission are rooted in Art. 68 et seq. GDPR. Within this function, the EDPB regularly issues opinions, guidelines, and recommendations… read more