We Are Looking for a Policy Advisor
International Communia Association
by COMMUNIA Association
1M ago
COMMUNIA is looking for a Policy Advisor who is passionate about the Public Domain and dedicated to enabling access to culture and knowledge. We offer you an opportunity to join our advocacy efforts to advance cutting-edge copyright reform and work with a network of activists, researchers, and other practitioners in Europe and the United States. This is a remote position, but you must be located in the Brussels area and should be able to attend meetings in Brussels on short notice. It is possible to work part-time, but you should be available to work at least 24h/week for us. Primary responsib ..read more
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The Italian Implementation of the New EU Text and Data Mining Exceptions
International Communia Association
by Deborah De Angelis
1M ago
The legislative decree implementing the CDSM Directive in Italy was adopted on November 8th, 2021, and published in the Gazzetta Ufficiale on November 27th. It came into force on December 12th, 2021, amending the Italian Copyright Law (April 22nd 1941, n.633 – Legge sul diritto d’autore, referred to below as “LdA”). This blog post analyses the implementation of the copyright exceptions for Text and Data Mining, which is defined in the Italian law as any automated technique designed to analyse large amounts of text, sound, images, data or metadata in digital format to generate information, incl ..read more
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Comparative Report on the National Implementations of Article 17 of the Directive on Copyright in the Digital Single Market
International Communia Association
by Christina Angelopoulos
2M ago
In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”). In a report published in September 2022, I undertook research into the national implementations of these two provisions in 11 Member States: Austria, Denmark, Estonia, France, Germany, Hungary, Ireland, Italy, Malta, the Netherlands and Spain. Based on information gathered through a questionnaire dis ..read more
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Poland, the CDSM and the Court of Justice: Still Searching for the ‘Essence’ of the Fundamental Right to Freedom of Expression
International Communia Association
by Kevin O'Sullivan
3M ago
COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s third session “Beyond the Judgement: The Future of Freedom of Expression.” It is published under a Creative Commons Attribution 4.0 International licence (CC BY 4.0).  On the 16th of April, the Court of Justice (CJEU) delivered its decision in case C-40 ..read more
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Implications from C-401/19 for National Transpositions in the Light of Freedom of Expression
International Communia Association
by Finn Hümmer
3M ago
COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s first session “Fragmentation or Harmonisation? The impact of the Judgment on National Implementations.” It is published under a Creative Commons Attribution 4.0 International licence (CC BY 4.0). Article 17 of Directive (EU) 2019/790 on copyright in the ..read more
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The Impact of the German Implementation of Art. 17 CDSM Directive on Selected Online Platforms
International Communia Association
by Jasmin Brieske
3M ago
Based on the joint paper with Alexander Peukert, “Coming into Force, not Coming into Effect? The Impact of the German Implementation of Art. 17 CDSM Directive on Selected Online Platforms.” COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s first session “Fragmentation or Harmonisation? The impact of the ..read more
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The Uffizi vs. Jean Paul Gaultier: A Public Domain Perspective
International Communia Association
by Justus Dreyling
3M ago
With Teresa Nobre and Brigitte Vézina. Two weeks ago, the Uffizi Gallery sent ripples through the open community by suing French fashion designer Jean Paul Gaultier for using Sandro Botticelli’s The Birth of Venus (1483) — which is on display in the Uffizi — in a clothing collection. Botticelli’s death in 1510 preceded the birth of copyright by centuries and his paintings are in the Public Domain worldwide. So on what grounds are the Uffizi taking action against Gaultier? The answer lies not in copyright law but in the Italian cultural heritage code, Article 108 of Legislative Decree no. 42 of ..read more
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Implementation Imperatives for Article 17 CDSM Directive
International Communia Association
by Bernd Justin Jütte
3M ago
COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s first session “Fragmentation or Harmonisation? The impact of the Judgement on National Implementations.” It first appeared on Kluwer Copyright Blog and is here published under a Creative Commons Attribution 4.0 International licence (CC BY 4.0). The ado ..read more
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Reflecting the Conclusions of the CJEU? The Evolving Czech Implementation of Article 17
International Communia Association
by Paul Keller
3M ago
The Czech Republic is one of the last EU member States yet to implement the CDSM directive into national law. The Czech government had produced an initial draft of the implementation act in November 2020, which has since been moving through the legislative parliament. Last week, the Chamber of Deputies of the Czech Parliament adopted the implementation act in third reading and in doing so it has introduced a number of interesting improvements to the implementation of Article 17. The initial Czech approach to implementing the provisions of Article 17 has been disappointing. The government’s dra ..read more
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Global Civil Society Coalition Promotes Access to Knowledge
International Communia Association
by COMMUNIA Association
4M ago
COMMUNIA is part of a group of civil society organizations from all around the globe that promotes access to, and use of, knowledge, the Access to Knowledge or A2K Coalition. COMMUNIA directors Justus Dreyling and Teresa Nobre have been co-initiators of the A2K Coalition. Today, the A2K Coalition is launching its website with demands for education, research and cultural heritage. Access to knowledge is not enjoyed equally across the world. Crises, including the COVID-19 pandemic and the climate emergency, highlight the barriers that the current copyright system poses for those who learn, teach ..read more
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