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Hey, Copyright Directive

A video series to explain copyright rules revamped

While designed to protect contributors with unequal bargaining power, the Copyright Directive’s package of measures introduces great uncertainty into long-established industry structures. Further, the significant discretion given to Member States means that, far from increasing harmonisation, the Directive will result in further fragmentation of EU copyright law.

Watch this video series where CMS copyright lawyers consider how the many parts of the Directive are likely to have an impact across the creative industries.

Latest videos

Hey, platforms! Are you liable for users’ uploads?

The question of the liability of platforms has been a big issue across Member States, and especially in Germany, where platforms are liable for users' uploads right from the beginning – unless they adhere to certain duties of care. Meanwhile, in the UK, the Copyright Directive is not being transcribed into national law, following Brexit. Martin Gerecke and John Enser talk about duties of care, upload filters and remuneration for creators.

Hey, press publishers & internet providers! Time to reshape your relationship

Article 15 of the Copyright Directive, gives EU press publishers a new right to claim revenues from online uses of their publications by information society service providers. Ole Jani and Paola Nunziata explain more about this paradigm change, and take a look at how Italy is approaching implementation at national level.

Hey, AI lovers! The Copyright Directive is your missing puzzle piece

Two provisions in the Copyright Directive are key to the future of artificial intelligence in Europe, enabling people to train their AI systems using others’ data and text without needing to clear the rights in those underlying materials. Maria Gonzalez Gordon and John Enser discuss the exceptions set out in Articles 3 and 4 of the Copyright Directive and how they think they will work in practice.

Authors

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María González Gordon
María González Gordon
Partner
Madrid
Martin Gerecke
Dr. Martin Gerecke, M.Jur. (Oxford)
Partner
Rechtsanwalt | Fachanwalt für Urheber- und Medienrecht (Certified lawyer for copyright and media law) | Fachanwalt für Gewerblichen Rechtsschutz (Certified lawyer for intellectual property law)
Hamburg
John Enser
John Enser
Partner
TMIC Practice Group Leader
London
Paola Nunziata
Paola Nunziata
Partner
Rome
Ole Jani
Dr. Ole Jani
Partner
Rechtsanwalt
Berlin

Key contacts

María González Gordon
Partner
Madrid
T +34 91 187 19 06
John Enser
Partner
TMIC Practice Group Leader
London
T +44 207 067 3183
Dr. Martin Gerecke, M.Jur. (Oxford)
Partner
Rechtsanwalt | Fachanwalt für Urheber- und Medienrecht (Certified lawyer for copyright and media law) | Fachanwalt für Gewerblichen Rechtsschutz (Certified lawyer for intellectual property law)
Hamburg
T +49 40 37630 373
Rogier de Vrey
Partner
Advocaat | Head of IP
Amsterdam
T +31 20 3016 259
Marcoline van der Dussen
Advocaat
Amsterdam
T +31 20 3016 372
Contact Us

Given the huge discretion given to Member States, you should be giving careful consideration as to how (either alone or within trade associations) you wish to influence implementation of the Copyright Directive.