CJEU issued a rulling in case YouTube/Cyando
The European Court of Justice (CJEU) has finally (almost a year since the Advocate General opinion, on which IPI already reported) issued a ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. 3(1) InfoSoc Directive. Even though the CJEU, in its ruling, refrained from engaging with the DSM Directive’s Article 17, the judgment is still highly significant, as it comms at a time when the fundamental rights compatibility of Art. 17 DSM Directive is in question, and very few Member States have implemented the DSM Directive, including Slovenia, where the public debate ended on 28th of June, 2021.
CJEU leaned toward the conclusion that neither YouTube nor Cyando performed acts of communication to the public (Art. 3(1) InfoSoc Directive). The CJEU concluded also that if a platform does directly perform copyright-restricted acts, then it is ineligible for the hosting safe harbour. Only if the platforms meet the requirements of the safe harbour will they be exempt from (at least intermediary or secondary) liability for copyright infringing acts of their users.
In its ruling, CJEU, following the approach it took in GS Media, had put a stronger focus on fundamental rights, by providing that Art. 3(1) requires a fair balance between the interests and fundamental rights of copyright holders, users and the general interest, in particular their freedom of expression and information (Art. 11 of EU Charter of Fundamental Rights). CJEU even seems to be moving closer to the European Court of Human Rights (ECtHR), which reiterates the particular importance of the internet for the freedom of expression and information enshrined in Art. 10(1) of the European Convention of Human Rights (ECHR).
In this light, it will be interesting to follow the decision of the ECJ in Case C-401/19, which otherwise concerns Article 17 of the DSM Directive, and in which the Advocate General (AG) Saugmandsgaard Øe issued its Opinion on 15th of July, 2021.
On January 5, 2022, the Ministry of Economic Development and Technology (MGRT), together with the Intellectual Property Office (URSIL), organized an online consultation. Representatives of URSIL and MGRT first presented to the interested professional public the planned substantive changes to the main solutions of the amended Proposal on Amendments to the Copyright and Related Rights Act (ZASP-I) and the amended Proposal on Amendments to the Collective Management of Copyright and Related Rights Act (ZKUASP-A). Many participants argued that the competent drafter did not provide the interested parties with the amended draft proposals before the discussion, but instead provided all the registered participants only with a meager slide presentation, which was misleading in some places.
OERcamp.global 2021: Presenting the study Remote education during the pandemic – Teacher’s perspective
On December 10th, 2021, at 8.00, at the OERcamp.global 2021, which is a 48-hour conference with practitioners, activists, scientists, nOERds and novices from around the globe, the pre-recorded session of Remote education during the pandemic, Teacher’s perspective will be played. After the played recording, dr. Maja Bogataj Jančič, LL.M., LL.M., Anahita Rezaei (Centrum Cyfrowe) and Teresa Nobre (Communia) will be available to answer the questions. Welcome!
On December 9th, 2021, Career Centers at University of Ljubljana are organizing an online event “Copyright law and Copyrights”, where dr. Maja Bogataj Jančič, LL.M., LL.M will lecture. The lecture will relate to the topic of copyright law and copyrights, and will first guide listeners through the history of copyright, through the philosophical justification of copyright to the current regulation of copyright in Slovenia. Welcome to join us!
On 23rd of November, 2021, the European Commission has published two reports in the field of copyright, as required by Directives 2014/26/EU (CRM Directive) and 2019/790 (DSM Directive). They are supported by two studies: Study on emerging issues on collective licensing management in the digital environment, and Study on selected issues relating to the application of the CRM Directive.