Welcome to the second trimester of the 2024 roundup of EU copyright regulation proper in time earlier than the (hopefully) quiet summer time interval begins. On this version, we replace you on what has occurred between March and June 2024 in EU copyright regulation. As our common readers know, this roundup collection consists of Court docket of Justice (CJEU) and Common Court docket judgments, Advocate Generals’ (AG) opinions, and necessary coverage developments. You possibly can learn the earlier roundups right here.
CJEU judgments and AG Opinions
Citadines, CJEU, C-723/22
Communication to the general public won’t ever stop to be a subject for the CJEU. On this case as soon as once more we’re speaking about lodges. The CJEU held that the supply of tv units put in within the lodge rooms or within the health space, the place a sign can be retransmitted to these units by the use of that lodge’s personal cable distribution community, constitutes a ‘communication to the general public’.
Sony Laptop Leisure Europe, AG Opinion, C-159/23
On 25 April 2024, AG Szpunar delivered his opinion on this case, which involved the scope of copyright safety for software program within the context of video video games and extra particularly ‘cheat software program’. The cheat software program below dialogue right here doesn’t change the code of the protected programme, the rights holder of which is Sony. The defendant’s software program runs similtaneously Sony’s laptop program, however solely adjustments the content material of the variables which the protected laptop program has transferred to the RAM. These variables within the RAM, suggests AG Szpunar, are usually not protected below the Software program Directive. Keep tuned for a put up analysing the opinion.
HADOPI, CJEU, C‑470/21
This case issues combating legal offences and the interference with elementary rights. On this judgement the Court docket sits as a full court docket, which solely occurs the place the Court docket considers {that a} case is of remarkable significance. The case involved the French nationwide public authority designated to fight on-line piracy. The Couert held that the authority could entry identification knowledge on the premise of an IP handle. The Court docket additional specified the necessities in regards to the preparations for retaining and accessing these knowledge.
GEMA, CJEU, C-135/23
That is yet one more communication to the general public case – this time coming from Germany and regarding rental residence buildings. The CJEU held that the deliberate provision of TV units geared up with indoor antennas, which don’t require additional intervention and which decide up indicators and allow broadcasts, is a communication to the general public throughout the that means of the InfoSoc Directive, supplied that the tenants of these residences will be thought to be a ‘new public’.
CDSM Directive implementation
As soon as once more, we have now been unable to delete this part from the roundup because of Poland, the one member state left to implement the CDSM Directive. On 7 June we marked the fifth anniversary of the entry into drive of the Directive. You possibly can learn Paul Keller’s put up reflecting on Article 17 of the Directive and their working in observe.
In case you are involved in monitoring the implementation course of, please test the COMMUNIA DSM Implementation Portal.
Coverage
Italian AI Regulation Proposal
In April 2024, the Italian authorities revealed the textual content of a draft AI regulation which incorporates a number of necessary copyright provisions. Learn Gianluca Campus’ put up for additional particulars.
European Council, AI Act – remaining approval
The AI Act has been the subject of 2024. On 21 Might 2024, the European Council gave its remaining inexperienced gentle to this legislative instrument.
Coming quickly and newest referrals
Unsurprisingly, there are nonetheless copyright instances on communication to the general public pending earlier than the CJEU: AKM (C-290/21) on satellite tv for pc broadcasting, in addition to the VHC 2 Seniorenresidenz (C-127/24) on retirement houses.
A number of instances are pending on the notion of a piece: Kwantum Nederland and Kwantum België (C-227/23) regarding works of utilized artwork and the Constitution, Mio and Others (C-580/23) on utilized artwork and originality and Institutul G. Călinescu (C-649/23) on the idea of a piece.
As well as, the CJEU will nonetheless need to have its remaining say on the next: Sony Laptop Leisure Europe (C-159/23) on recreation consoles and cheat software program: Reprobel (C-230/23) on truthful remuneration and, ONB and Others (C-575/23) on copyright exploitation contracts below the CDSM Directive: Pelham II (C-590/23) on pastiche; DADA Music and UPFR (C-37/24) on collective administration, phonogram producers and equitable remuneration: Thuiskopie/HP on levies; and SACD and Others (C-182/24) on joint authorship/infringement.
Keep tuned!
