An Analysis of Articles 15 and 17 of the EU Directive on Copyright in the Digital Single Market: A Boost for the Creative Industries or the Death of the Internet?

2020 ◽  
Author(s):  
Diana Passinke
First Monday ◽  
2016 ◽  
Author(s):  
Liz Dowthwaite ◽  
Robert J. Houghton ◽  
Richard Mortier

Online copyright law is a major issue for many in the creative industries. Independent artists often rely on sharing their work across social media and content-sharing sites, leaving them open to having their work stolen or misused. This paper discusses a series of 11 semi-structured interviews that examined attitudes towards copyright and attribution amongst webcomic artists, in relation to current copyright laws across the EU and internationally. Whilst artists are generally aware of the cover provided by copyright, they feel that it is not necessarily relevant or effective within the creative space they work in. There is very little support and there are few resources available to help them to fight for control of their work, and whilst artists do get angry about actual theft and removal of attribution, they accept that they have to put up with certain violations if they wish to continue to publish comics for free on the Internet. The paper ends by discussing potential solutions to the problems raised.


Author(s):  
Eleonora Rosati

This book provides an article-by-article commentary to the provisions of the 2019 EU Directive on copyright in the Digital Single Market. It investigates the history, objectives, and content of Directive 2019/790's complex provisions as well as the relationship between some of those provisions and between the Directive and the pre-existing acquis. It explains why the EU Directive on copyright in the Digital Single Market is a significant and foundational part of the broader EU copyright architecture. The book aims to navigate the legislative provisions that were adopted in 2019 to make EU copyright fit for the Digital Single Market. It marks two important anniversaries in the EU copyright harmonization history: the thirtieth anniversary of the first ever adopted copyright directive, Software Directive 91/250, and the twentieth anniversary of InfoSoc Directive 2001/29, an ambitious legislative instrument.


2021 ◽  
pp. 1-15
Author(s):  
Eleonora Rosati

This chapter provides an overview of the overall EU copyright harmonization project and explains the history of the 2019 EU Directive on copyright in the Digital Single Market (Directive 2019/790) and the place that it has within the broader EU copyright architecture. It recounts the copyright reform in Europe, which has been based on the harmonization at the EU level and modernization at the EU national level. It also stresses that EU harmonization has been prompted by internal market concerns and concerns regarding the overall competitiveness and appropriateness of the EU copyright regime. The chapter describes the field of copyright, wherein the process of Europeanization of national laws has resulted in their settlement to and convergence with EU law. It mentions the 1988 Green Paper by the Commission of the European Communities, which signaled the start of a more concrete discourse around copyright harmonization.


Author(s):  
Federico Ferri

AbstractThe article examines some pivotal aspects of Directive (EU) 2019/790, which is the new legislative act adopted by the European Union to adapt copyright to the evolving digital environment. Indeed, this measure is meant to have considerable implications on the European plane and is supposed to influence, at least in part, also the relations between the EU and third States in the field of copyright. The Directive shall be transposed by mid 2021, but the time is ripe for a first assessment and some reflections. The analysis primarily investigates the relationship between Digital Single Market and EU copyright law and focuses on the most controversial issues of a long-awaited piece of legislation that so far has been widely criticized. In particular, the article explores three new key points: mandatory exceptions and limitations to right holders’ exclusive rights, press publishers’ rights, and platforms’ liability.


2021 ◽  
Vol 1 (15) ◽  
pp. 55-62
Author(s):  
Javier Cifuentes-Faura

New technologies are a key factor for integration in Europe by enabling citizens to solve their daily problems and interact with people everywhere. The European Commission established the Digital Agenda for Europe with the aim of improving the speed of navigation, establishing a single market for telecommunications and achieving a digital single market. We highlight the importance of applying new technologies in the field of education, since teaching and learning through these means will contribute to increasing creativity and reasoning capacity, allowing for more interactive and participative learning. The Horizon Report and the new emerging technologies proposed by that report are analysed, and are aimed not only at facilitating learning, but also at enabling a more integrated Europe. It also presents some technological ideas to be developed in the educational field that will enhance the development and integration of the EU Member States. Furthermore, in order to analyse the influence of the use of the Internet and new technologies on other socio-economic variables, a regression analysis has been carried out. The objective is to study whether in any way the fact that citizens use the Internet affects variables such as Gross Domestic Product, unemployment or Human Development Index which may affect the integration of Europe.


2021 ◽  
pp. 418-418
Author(s):  
Eleonora Rosati

This chapter clarifies that the 2019 EU Directive on copyright in the Digital Single Market, Directive 2019/790 is addressed to the Member States. It reviews the obligations under the Directive that arise on the day that it enters into force, but national transpositions will take place by 7 June 2021. It also points out that countries that are Member States of the EU or a part of the EEA will be bound to transpose Directive 2019/790 into their own laws. The chapter mentions countries that become Member States or join the EEA after 7 June 2021 that are required to comply with the entire acquis. It discusses the task of Members States to apply Directive 2019/790 for their accession to the EU or EEA.


Author(s):  
D. A. Lebedeva ◽  
Yu. A. Shcheglov

This work scrutinizes modern bioethical concepts of the use of animals for scientific purposes, as well as legal aspects of its use. Initially, the authors present a brief excursion into the history of bioethics and then focus on the modern concept of ethical attitude to the animals used for scientific purposes. The authors analyze the EU Directive on the protection of animals used for scientific purposes, as well as the EAEU acts and by-laws of the EAEU member states, and conclude that it is necessary to adopt a supranational act within the EAEU that will regulate the use of animals for scientific purposes in accordance with the principles of reduction, replacement and refinement.


2021 ◽  
Vol 10 (1) ◽  
pp. 64-88
Author(s):  
James I. J. Green

A custom-made device (CMD) is a medical device intended for the sole use of a particular patient. In a dental setting, CMDs include prosthodontic devices, orthodontic appliances, bruxism splints, speech prostheses and devices for the treatment of obstructive sleep apnoea, trauma prevention and orthognathic surgery facilitation (arch bars and interocclusal wafers). Since 1993, the production and provision of CMDs have been subject to European Union (EU) Directive 93/42/EEC (Medical Device Directive, MDD) given effect in the UK by The Medical Devices Regulations 2002 (Statutory Instrument 2002/618), and its subsequent amendments. Regulation (EU) 2017/745 (Medical Device Regulation, EU MDR) replaces the MDD and the other EU Directive pertaining to Medical Devices, Council Directive 90/385/EEC (Active Implantable Medical Device Directive, AIMDD). The EU MDR was published on 5 April 2017, came into force on 25 May 2017 and, following a three-year transition period was due to be fully implemented and repeal the MDD on 26 May 2020, but was deferred until 26 May 2021 due to the coronavirus disease 2019 (COVID-19) pandemic. In the UK, in preparation for the country’s planned departure from the EU, the EU MDR, with necessary amendments, was transposed into UK law (Medical Devices (Amendment etc.) (EU Exit) Regulations 2019, UK MDR). The UK left the Union on 31 January 2020 and entered a transition period that ended on 31 December 2020, meaning that, from 1 January 2021, dental professionals in Great Britain who prescribe and manufacture CMDs are mandated to do so in accordance with the new legislation while Northern Ireland remains in line with the EU legislation and implementation date. This paper sets out the requirements that relate to the production and provision of CMDs in a UK dental setting.


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