• Early days of EU integration
• Internal market objective
• Removal of obstacles to free movement and competition
• End of the 1980s – 1990s
• Growth and competitiveness
• Piecemeal intervention
• InfoSoc Directive was 4 years old
• Enforcement Directive was 1 year old
• Policy: the 2004 Commission Working Paper
• Only need for slight adjustment of notion of reproduction, and temporary copies
exception to cover software and databases
• No need to clarify or harmonise anything else, including
• Communication to the public
• Moral rights
• Just couple of decisions (Mediakabel; Lagardère)
• computer programs
• satellite and cable
• Economic rights
• copyright in the information society
• resale right
• rental right
• related rights
• Term of protection
• Orphan works
• Collective rights management organisations
Overall: ad hoc harmonisation
• Features high on policy agenda
• Digital Single Market Strategy
• Features high on CJEU calendar
• In 2014 CJEU completed 69 IP cases
• Cf 2013 Report: 43 cases
But in what terms?
• Geoblocking and content portability
• Exceptions and limitations
• Online intermediaries and platforms
The Digital Single Market Strategy (May 2015)
• A copyright issue?
• A time-limited portability?
• Only for lawfully acquired
• It would now seem to go beyond text and data mining
• Is reform possible without touching Article 5 of the InfoSoc Directive?
Exceptions and limitations
• Just a matter of national implementations/interpretations or should safe
harbours be reformed?
• What does ‘duty of care’ mean?
• Is Follow the Money really so cool?
Online intermediaries and platforms
• What does originality mean?
• Can you private copy from unlawful sources?
• What is a parody?
• Is transmission of a work required to have an act of communication to the
• Do you need permission to link?
• Do you need permission to advertise works for sale?
• Can libraries digitise their collections?
• Can libraries e-lend works?
Diverging views … But what has changed in a decade?
• The CJEU is preeminent
• Policy discourse revolves around copyright
• Public attention revolves around copyright …