Article 15(1) ECD is dead! Long live Article 15(2) ECD! Or how the European Commission stroke the last blow to the ECD safe harbours with its proposed copyright Directive!

Posted on September 14, 2016 by Sophie Stalla-Bourdillon • 9 Comments

So here we are, never 2 without 3. After the proposed Audiovisual Media Services Directive (AMSD), and the Code of Conduct on countering illegal hate speech, here comes the proposed Directive on copyright in the Digital Single Market! This proposed Directive contains 24 Articles and touches upon hotly debated and controversial issues, such as … Continue reading →

content regulation / Copyright / immunities / Internet intermediaries / liability / Linking / notice-and-take down

The CJEU on its head: Is GS Media consistent with Google v Vuitton?

Posted on September 8, 2016 by Sophie Stalla-Bourdillon • 3 Comments

The decision of the CJEU (Court of Justice of the EU) in the GS Media case is a shock. For those who are still enjoying your summer holidays, the CJEU issued today a decision that will not be forgotten easily. The first reason is that the CJEU does not follow its Advocate General (AG), who … Continue reading →

I link, he delists and they get entangled in! Re-mixing copyright, trade marks and data protection while waiting for the CJEU’s decision in GS Media…

Posted on April 20, 2016 by Sophie Stalla-Bourdillon • 3 Comments

Some of you certainly remember the Google v Vuitton case decided by the CJEU some years ago now, in 2010, which was a case about trade mark infringement. (Sometimes it is useful to go back to the roots!) To make the story short, the case involved the use of keywords corresponding to trade marks in … Continue reading →