sutton044

Kat gap As the debate around the draft Directive on copyright in the Digital Single Market continues to unfold [Katposts here ] , The IPKat is happy to publish the following contribution by  Ansgar Ohly  and  Matthias Leistner  (both LMU München) concerning their proposal – which will be hosted in full on the Journal of Intellectual Property Law & Practice   (JIPLP) – concerning Article 13, that is the value gap (or transfer of value) proposal. Here’s what Ansgar and Matthias write: After lengthy discussion in the Council and in the European Parliament, the proposed Directive on Copyright in the Digital Single Market ( 2016/0280(COD) ) has now entered the trilogue. The most recent meeting took place on 26 November. Two more meetings are planned until the end of the year, and the ambitious goal is to reach a result by January 2019. Much of the discussion in Parliament as well as in the media has been about the proposed Art. 13, which concerns the liability of...

A lawsuit between music producer Frank Peterson and YouTube (and Google) that has been ongoing since 2009 did not come to an end today. The German Federal Court of Justice (FCJ) decided to stay the proceedings and refer several questions to the CJEU, regarding (once again) the question of platform liability and the right of communication to the public . the new YouTube logo Peterson is seeking damages from YouTube and Google because videos containing recordings of German singer Sarah Brightman were available on YouTube, even after Peterson had asked the platform to remove all such content. Both the Regional Court of Hamburg and the Higher Regional Court of Hamburg rejected Peterson’s claims, arguing that YouTube did not commit acts of communication to the public and was protected by Art. 10 TMG (the German Telemedia Act, which implements Art. 14 of the E-Commerce-Directive). The FCJ now referred the following questions to the CJEU (case No. I ZR 140/15) [ please note that this is a Ka...