News & Analysis as of July 30, 2025

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Brand Protection and Enforcement Under the DSA: Opportunities and Challenges

Jones Day on 7/22/2025

The Digital Services Act ("DSA"), which entered into force for all intermediary services and online platforms in February 2024, aims to modernize and harmonize the regulation of third-party content across the EU. It notably...more

Filter Future? Updates on the Copyright Directive and Platform Liability

Latham & Watkins LLP on 10/11/2021

Recent developments at the CJEU give some shape to the practical implications of Article 17 of the Copyright Directive. 7 June 2021 was the implementation deadline for the Copyright in the Digital Single Market Directive...more

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

Foster Garvey PC on 6/24/2021

“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

The end of an odyssey: The German Act to adapt copyright law to the requirements of the Digital Single Market

Hogan Lovells on 6/1/2021

The German Act to adapt copyright law to the requirements of the Digital Single Market will enter into force on 7 June 2021 – as the first national transposition of the Digital Single Market Directive ...more

Tom Kabinet: CJEU rules resale of e-books requires permission of copyright holder

Hogan Lovells on 1/27/2020

The CJEU in its Tom Kabinet judgment has ruled that the supply of e-books qualifies as “an act of communication to the public” under the InfoSoc Directive instead of “a distribution to the public” as is the case with physical...more

The EU Copyright Directive: Potential Copyright Liability and a “Best Efforts” Standard for Platforms

Fenwick & West LLP on 1/27/2020

In 2019, the Council of the European Union’s Committee of Permanent Representatives approved a Directive on Copyright in the Digital Single Market to respond to developments in the modes and markets for creation, production...more

DSM Watch: EU Copyright Directive clears the finish line

Hogan Lovells on 4/15/2019

Today the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. ...more

DSM Watch: Navigating Article 13 (now 17) of the Copyright Directive

Hogan Lovells on 4/2/2019

On 26 March 2019 the EU Parliament voted to pass the draft Copyright Directive (“Directive”) into EU law. After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s...more

EU Parliament Approves New Copyright Rules for the Internet

Foley Hoag LLP - Making Your Mark on 4/1/2019

We had been following on this blog the heated debates around the proposed EU Copyright Directive. These debates now belong to history since on March 27, 2019, the European parliament adopted the Directive with 348 votes...more

“Very Short” and Incredibly Loud: New EU Copyright Directive a Shot in the FANGs

Womble Bond Dickinson on 4/1/2019

Opening another front in the data wars, the Members of the European Parliament, on March 26, 2019, adopted the text of a new Copyright Directive. According to the European Parliament, the Directive “aims to ensure that the...more

DSM Watch: Copyright Directive press publishers’ rights: final edition of Article 11 is now Article 15

Hogan Lovells on 3/27/2019

Yesterday (26 March 2019) the EU Parliament voted to pass the draft Copyright Directive into EU law. After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s adopted...more

DSM Watch: EU Copyright Directive passed by European Parliament

Hogan Lovells on 3/26/2019

Today a short time ago the EU Parliament voted to pass the draft Copyright Directive into EU law. After adoption by the EU Council (representatives of Member State governments) and official publication, it will become EU...more

DSM Watch: Navigating Article 13 of the Copyright Directive

Hogan Lovells on 3/22/2019

On 13 February 2019 the Commission, the European Parliament and the Council finally agreed the text of the long-awaited draft Copyright Directive (COM(2016)593) (“Directive“). ...more

European Parliament Endorses Upload Filters

Fenwick & West LLP on 11/2/2018

In September 2016, the European Commission, which is the executive cabinet for the European Union, issued a Proposal for a Directive of the European Parliament and of the Council on Copyright in the Digital Single Market. On...more

Of Memes and Monetizing: Could the EU Directive on Copyright Change the Way We Speak Internet?

Pillsbury - Internet & Social Media Law Blog on 9/25/2018

Do you like getting your news online, sharing videos or tweeting memes? A little piece of legislation known as The European Union Directive on Copyright in the Digital Single Market may signal the end of some of the...more

EU Copyright Directive - Spotlight on Upload Filters and Press Publishers’ Copyright

Morrison & Foerster LLP on 9/19/2018

In the lobbying battle about the new EU copyright directive between Internet giants and content producers, the creative industry gained a partial victory. On September 12, 2018, the EU Parliament, in favor of content...more

DSM Watch – New EU Copyright Directive: Parliament votes to retain controversial aspects

Hogan Lovells on 9/12/2018

After weeks and weeks of debate and the failure to reach a parliamentary consensus in July, the European Parliament today paved the way towards the long-awaited start of the trilogue negotiations amongst the Parliament, the...more

10 Tips for Online Brand Enforcement and Policing Post GDPR

Fenwick & West LLP on 7/18/2018

You’ve just learned someone registered a domain nearly identical to yours, or is using your brand online to sell similar products or offer related services. What do you do? A few months ago, you probably would’ve checked who...more

DSM Watch: One step closer to a European copyright reform

Hogan Lovells on 6/21/2018

After a long and intense debate – including several postponements – the Committee of Legal Affairs of the European Parliament (JURI) finally agreed on its position on the draft DSM Copyright Directive. Of course, the plenary...more

European Copyright Society – Intense discussion on how to move on with the copyright reform

Hogan Lovells on 5/30/2018

On 25 May 2018, the European Copyright Society (ECS) hosted a very informative and encouraging conference on the current status quo of the pending copyright reform. ...more

DSM Watch: EU Copyright reform – where do we stand?

Hogan Lovells on 5/22/2018

Reform of EU copyright is the core of the Commission’s Digital Single Market strategy. Various legislative initiatives have been proposed but the “heart” of the reform is without a doubt the proposal for a new copyright...more

Europe: New Obligations for Platform Operators – Where Do We Stand?

Hogan Lovells on 4/11/2018

The reform of European Copyright law is at the heart of the European Commission’s efforts to create a true Digital Single Market. The new draft Directive on copyright in the Digital Single Market (“Copyright Directive“, COM...more

DSM Watch: Regulation on Portability of Online Content comes into force 1 April 2018

Hogan Lovells on 3/28/2018

This year’s Easter holiday brings with it a further milestone in the Commission’s endeavor to bring about a truly Digital Single Market: The Portability Regulation (EU) 2017/1128 comes into force on 1 April 2018. ...more

DSM: The Digital Single Market – ‘Intellectual Values’ seminar series #4, video

Hogan Lovells on 1/26/2018

The EU Commission’s comprehensive Digital Single Market strategy was one of the hot topics relating to the ever-changing ‘connected world’ we covered in our ‘Intellectual Values’ seminar series. Al Shaw, Counsel in our London...more

Blockchain: Use Case – Copyright

Hogan Lovells on 11/30/2017

In the context of the digital use of copyrighted works, the concept of the “value gap” has been around for some time. The question is whether authors and rights holders are sufficiently involved in the revenues generated by...more

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