NEXT MEETING

Case C-265/19 – victory or blow for performers’ rights?

Speakers: Linda Scales Linda is a practising solicitor and heads the Dublin firm of Linda Scales & Associates, specialising in copyright-related issues. As well as her legal practice, Linda has advised governments on legislative reform and the enforcement of intellectual property, in Ireland and elsewhere. She lectures and writes on copyright matters and was on the organising committee of the 2011 ALAI congress in Dublin.

Paul Torremans Paul is Professor of Intellectual Property Law at the University of Nottingham. He is author of many articles and books on intellectual property law, private international law and the relationship between them. He sits on the executive committees of BLACA and of ALAI and has acted as expert for international organisations, including the European Commission and WIPO.

Chairman: Sir Richard Arnold

Date & Time: 14 Jan 2021 6pm, online

Slides from the seminar >

Paper: The Role of the CJEU’s autonomous concepts as a harmonising element of copyright law in the United Kingdom >

MOST RECENT MEETING

29 october, ONLINE

Privacy 1, Copyright 0?

Several recent rulings of the CJEU on privacy and data protection issues have potential impact on copyright law and enforcement. BLACA is delighted to host this distinguished panel, in collaboration with friends & BLACA members signing in from Ireland & Germany.

1. Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems Case C-311/18, “Schrems II”

Schrems II reasserts the importance of personal privacy; it has important implications for copyright infringement remedies, contractual solutions to data privacy, licensing and other stakeholder practices. Understanding Schrems II and its significance will be crucial for copyright holders and users in the future.

Panellist: Dr TJ McIntyre, Assistant professor, Sutherland School of Law, University College Dublin. TJ is consultant solicitor with FP Logue Solicitors and Chairperson, Digital Rights Ireland. He is author of numerous papers on cybercrime, personal and data privacy, copyright and civil liberties.

2. How compatible is Schrems II with existing jurisprudence?

Constantin Film v YouTube Case C-264/19 limited the scope of the IP Enforcement Directive’s disclosure provisions. What user information may now be sought? Is this compatible with Schrems II and earlier CJEU decisions? Have national courts gone further than authorised under EU Law with Norwich Pharmacal and other reliefs in exercising their inherent jurisdiction?

Panellist: Deirdre Kilroy, Partner in the Technology and Innovation team and Head of Intellectual Property, Mathesons, Dublin. Deirdre specialises in intellectual property, technology and data privacy law and has extensive experience in drafting technology contracts.

3. Implications for the future shaping of DSM Directive (EU) 770/2019

The Directive refers to Data Protection and co-existence with the copyright acquis. But much needs further attention. For example, how will Arts 17(9)&(10) acquire practical form? Guido Westkamp will consider how renewed emphasis on privacy will pose challenges to a right-holder-centric legal landscape and implications for implementing the Directive (or not, in the case of the UK).

Panellist: Dr Guido Westkamp Professor of Intellectual Property and Comparative Law, Centre for Commercial Law Studies, Queen Mary, University of London, German-qualified attorney. Guido has carried out a major research project on the implications of human rights on copyright law.

Coordinators: Prof Robert Clark (Arthur Cox, Dublin); Prof Alison Firth (Chairman, BLACA)

Time: 6pm London time, online

Members of BLACA & ALAI national groups will receive a webinar link by email Non-members welcome, please request a link from Jemuel.Fontaine@Bristows.com