Internet

Directive on copyright in the digital single market

The revised proposal for the new Directive on copyright in the Digital Single Market (the “Directive”) has entered its final round of trilogue negotiations (closed door negotiations between the European Parliament, the European Commission and the European Council). The Directive is intended to reform and modernise the EU’s outdated legislation in order to make copyright rules fit for the digital age. The final form of the Directive was agreed last Wednesday.

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Key dates set for coming into force of the new Audio-visual Media Services Directive

On 28 November 2018, Directive (EU 2018/1808) (“New Directive”) revising the existing Audiovisual Media Services Directive (2010/13/EU) (“AVMSD”) was published in the Official Journal of the European Union. As such the key dates for when the New Directive comes into force and by when member states must transpose it into national legislation have been confirmed.

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Cinema and audiovisual media services: A wider protection for EU works

On 2 October 2017, the Italian Council of Ministers approved a new Legislative Decree (“Decree“), aimed at ensuring a wider protection to EU (and Italian) works in the audiovisual media services (“AVMS“) sector. A brief outline of the new provisions is set out below. A. The Main Contents of the Decree The Decree amends Article 44 of the Italian AVMS Code (Legislative Decree no. 177/2005 and ff. amendments), setting forth the general framework for the …

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AVMSD reform: Focus on video-sharing platforms

As broadly known, the EU Commission on May 25, 2016 published its proposal for a reform of the audio-visual media services Directive no. 2010/13/EU (“Proposal“, available here).  The Proposal is currently under scrutiny: in particular, the European Parliament’s Committee on Culture and Education on April 25, 2017, voted to amend the Proposal.  The subject matter of this post is constituted by video-sharing platforms. 1. Video-Sharing Platforms: Current Regulatory Framework The Italian AVMS Code – in …

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Filmspeler – Sale of “fully-loaded” IPTV boxes and “unlawful use”

In another welcome decision for content owners and broadcasters, the CJEU has dealt a significant blow to the business models of those individuals looking to profit from the sale of pre-configured media players which provide end-users with hyperlinks to copyright-infringing Internet streams.

In its Filmspeler judgment (available here), the Court followed the opinion of its Advocate General (previously reported here) that the mere sale of media players (such as IPTV/ Kodi boxes) which are pre-configured (or “fully loaded”) to display pirated content itself constitutes a communication to the public, provided certain conditions are met.

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