EU copyright regulation roundup – second trimester of 2024 – Cyber Tech

Welcome to the second trimester of the 2024 roundup of EU copyright regulation proper in time earlier than the (hopefully) quiet summer season interval begins. On this version, we replace you on what has occurred between March and June 2024 in EU copyright regulation. As our common readers know, this roundup sequence consists of Courtroom of Justice (CJEU) and Common Courtroom judgments, Advocate Generals’ (AG) opinions, and necessary coverage developments. You’ll be able to learn the earlier roundups right here.

CJEU judgments and AG Opinions

Citadines, CJEU, C-723/22

Communication to the general public won’t ever stop to be a subject for the CJEU. On this case as soon as once more we’re speaking about resorts. The CJEU held that the availability of tv units put in within the resort rooms or within the health space, the place a sign can also be retransmitted to these units by way of that resort’s personal cable distribution community, constitutes a ‘communication to the general public’.

Sony Laptop Leisure Europe, AG Opinion, C-159/23

On 25 April 2024, AG Szpunar delivered his opinion on this case, which involved the scope of copyright safety for software program within the context of video video games and extra particularly ‘cheat software program’. The cheat software program underneath dialogue right here doesn’t change the code of the protected programme, the rights holder of which is Sony. The defendant’s software program runs concurrently Sony’s pc program, however solely adjustments the content material of the variables which the protected pc program has transferred to the RAM. These variables within the RAM, suggests AG Szpunar, aren’t protected underneath the Software program Directive. Keep tuned for a put up analysing the opinion.

HADOPI, CJEU, C‑470/21

This case issues combating prison offences and the interference with basic rights. On this judgement the Courtroom sits as a full courtroom, which solely occurs the place the Courtroom considers {that a} case is of outstanding significance. The case involved the French nationwide public authority designated to fight on-line piracy. The Couert held that the authority could entry identification information on the premise of an IP handle. The Courtroom additional specified the necessities regarding the preparations for retaining and accessing these information.

GEMA, CJEU, C-135/23

That is yet one more communication to the general public case – this time coming from Germany and regarding rental residence buildings. The CJEU held that the deliberate provision of TV units geared up with indoor antennas, which don’t require additional intervention and which decide up indicators and allow broadcasts, is a communication to the general public throughout the that means of the InfoSoc Directive, offered that the tenants of these residences will be considered a ‘new public’.

CDSM Directive implementation

As soon as once more, we now have been unable to delete this part from the roundup due to Poland, the one member state left to implement the CDSM Directive. On 7 June we marked the fifth anniversary of the entry into pressure of the Directive. You’ll be able to learn Paul Keller’s put up reflecting on Article 17 of the Directive and their working in observe.

If you’re involved in monitoring the implementation course of, please verify the COMMUNIA DSM Implementation Portal.

Coverage

Italian AI Regulation Proposal

In April 2024, the Italian authorities printed the textual content of a draft AI regulation which incorporates a number of necessary copyright provisions. Learn Gianluca Campus’ put up for additional particulars.

European Council, AI Act – last approval

The AI Act has been the subject of 2024. On 21 Might 2024, the European Council gave its last inexperienced gentle to this legislative instrument.

Coming quickly and newest referrals

Unsurprisingly, there are nonetheless copyright instances on communication to the general public pending earlier than the CJEU: AKM (C-290/21) on satellite tv for pc broadcasting, in addition to the VHC 2 Seniorenresidenz (C-127/24) on retirement houses.

A number of instances are pending on the notion of a piece: Kwantum Nederland and Kwantum België (C-227/23) regarding works of utilized artwork and the Constitution, Mio and Others (C-580/23) on utilized artwork and originality and Institutul G. Călinescu (C-649/23) on the idea of a piece.

As well as, the CJEU will nonetheless must have its last say on the next: Sony Laptop Leisure Europe (C-159/23) on recreation consoles and cheat software program: Reprobel (C-230/23) on truthful remuneration and, ONB and Others (C-575/23) on copyright exploitation contracts underneath the CDSM Directive: Pelham II (C-590/23) on pastiche; DADA Music and UPFR (C-37/24) on collective administration, phonogram producers and equitable remuneration: Thuiskopie/HP on levies; and SACD and Others (C-182/24) on joint authorship/infringement.

Keep tuned!