11. Short history
• Early days of EU integration
• Internal market objective
• Removal of obstacles to free movement and competition
• End of the 1980s – 1990s
• Growth and competitiveness
• 2000s
• Piecemeal intervention
13. • Legislation
• 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
• Originality
• Moral rights
• ECJ
• Just couple of decisions (Mediakabel; Lagardère)
14. • Subject-matter
• computer programs
• databases
• semiconductors
• satellite and cable
• Economic rights
• copyright in the information society
• resale right
• rental right
• related rights
• Enforcement
• Term of protection
• Orphan works
• Collective rights management organisations
Overall: ad hoc harmonisation
20. • 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?
21. • Geoblocking and content portability
• Exceptions and limitations
• Online intermediaries and platforms
The Digital Single Market Strategy (May 2015)
23. • 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
24. • 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
26. • 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
public?
• 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?