Copyright Reform: Responses to Julia Reda's draft report and what comes next
Wed 11 Feb 2015, 20:20

The draft European Parliament report on the InfoSoc Directive, sometimes also called the Copyright Directive, has generated an enormous wave of responses. It was presented by the Member of the Parliament (MEP) responsible for leading the file, Julia Reda, to the Committee on Legal Affairs (JURI) on 20 January.

What are the next steps and what is the report’s ultimate significance? After all of the relevant Committees have transmitted their opinions, JURI will vote on the report and transmit it to the Plenary. If it is adopted there, it becomes a non-legislative and non-binding resolution in which the Parliament states its current position on certain matters of copyright reform. The Parliament hereby communicates to the Commission what it expects of future copyright legislation. This in turn can shape the Commission’s proposal for copyright reform, which is expected within this year. The Parliament has a notoriously short memory, especially of its own positions, so it will not consider itself bound by anything it decides upon now.

CJEU preliminary ruling on private copying levies: Case C-463/12 Copydan Båndkopi
Thu 5 Mar 2015, 21:00

This morning the Court of Justice of the European Union (CJEU) issued its decision in Case C-463/12 Copydan Båndkopi, a reference for a preliminary ruling from Denmark, seeking clarification on key questions relating to the so-called ‘private copying’ exception under Article 5(2)(b) of the Information Society Directive 2001/29.

CJEU says exhaustion only applies to the tangible medium of a work
Thu 22 Jan 2015, 12:40

Today CJEU ruled that with regard to the adaptation right, it is true that the InfoSoc Directive does not mention it. However, a situation like the one at hand, ie paper poster and canvas transfer of copyright-protected works, falls within the scope of Article 4(1) of the InfoSoc Directive. Also, exhaustion of the right of distribution under under Article 4(2) of the InfoSoc Directive only applies to the tangible support of a work.

Julia Reda is in charge of fixing the EU Copyright Law
Tue 6 Jan 2015, 14:00

Julia Reda, the MEP representative for the Pirate Party from Germany is the rapporteur for the European Union copyright reform dossier - that is the report on the implementation of the previous directive on this matter from 2001 (the so-called “Infosoc Directive”).

Exhaustion of rights - the broader implications of the CJEU's ruling in Art & Allposters
Fri 30 Jan 2015, 17:00
The principle of exhaustion is a hot topic in copyright with important commercial ramifications, particularly in relation to 'online exhaustion' and the viability of a second-hand market in digital content.
 
A key aspect of the CJEU’s ruling is its view that the exhaustion of the distribution right under the InfoSoc Directive covers the tangible object into which a work (or a copy of it) is incorporated. In other words, it is inherently tied to the physical medium (e.g. paper, canvas) on which the work is expressed.
Advocate General says the distribution right includes right to prevent offer for sale of a work
Thu 4 Dec 2014, 13:40

The Advocate General held that Article 4(1) of the InfoSoc Directive must be interpreted in the sense that the right to distribution within the meaning of that provision includes the right of the copyright owner of the original or copies thereof to prohibit anyone from offering for sale to the public said original or the copies without his/her consent, provided that such offer displays a clear intention to conclude a contract that would involve the transfer of ownership over the original or the copies of a work.