Upon invitation of the former Chairman of the JURI Committee, Prof. Raue visited the Prague EU Law Days, an annual conferenceon EU law. In his speech he talked about the Copyright law reform and gave an overview of recent cases of EU Intellectual Property Law especially the cases ECJ C-516/17 - Spiegel Online/Vilker Beck and ECJ C-469/17 - Funke/Deutschland. These cases aroused public interest as the covered questions concerning the right of making information documents available to the public.

In the GRP 4/2019 Prof. Raue informed Internet users about the use of protected subject matter on the Internet without the author's consent. The occasion was the ECJ-Judgement of 7.8.2018 - CV-161/17 (State of NRW/Dirk Renckhoff). This based on the question if a picture can be uploaded on the own Website when it is available on another Website. Further information find at → IRDT Trier

Prof. Raue informed about the new Art. 17 DSM-RL at the Judicial Academy in Wustrau and whether the use of uploadfilters as the new standard on digital platforms can be avoided. In his lecture he focused on Art. 17 which is considered as controversial. This article requires the obligation of platforms to use uploadfilter in order to "filter" uploaded contents of users by copyright infringing contents. For further information see →  IRDT Trier

Journalists and scientists at universities and in companies can breathe. As they had expressed the need for a legal regulation to reach an appropriate balance of interests during our conference "Text and Data Mining - in law, sciene and society"  (http://text und data-mining.de) in the past year, Prof. Raue's analysis in the ZUM 2019, page 698 ff. after the adoption of the Directive (EU) 2019/790 on Copyright in the Digital Single Market (https://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32019L0790) is:

"Art. 3 of the Directive (EU) 2019/790 creates the urgently required legal certainty for text and data mining in scientific research." In the scientific area the "right to read" includes indispensably the "right to mine" and thereby the entitlement for an automated analysis of legally accessible contents.

For further information see Homepage des IRDT.

See publication: https://beck-online.beck.de/

What rights does the property owner have at the collection of data?
This question is now being dealt by the Director of the IRDT Prof. Raue in an article of the current issue of NJW 2019, P. 2425-2430.
The often deplored gap in the economic allocation of non-personal data can, already de lege lata, be filled to a sufficient extent by a teleological development of the right of property. As the property owner can prohibit any collection of data for which a personal contact with his property is required, such as the installation of sensors in a car or the readout of the memory card of the smartphone.
The property makes a preliminary protection of privacy possible, because the owner can create an environment free of data collection. Moreover, it assigns the economic value of the data collection to the owner.

To the article: beck-online.beck.de//Dokument

Does the circumvention of technical protection measures against framing create a "new public" and thereby infrige the right of communication to the public?
On the issue, IRDT Director Prof. Raue comments on Kluwer Copyright Bolg by giving an overview of the referral procedure in the case VG Bild-Kunst v Deutsche Digitale Bibliothek. According to Raue, the ECJ will probably confirm the referred question and see the circumvention of technical protection measures against framing as a communication to the public.
"If right holders limit the referencing possibility by machine-readable means (which has disadvantages for them as this limits visibilty on third-party platforms) they leave that referencing system. As the restriction is clearly comprehensible for othe internet users it is no longer justifeid by the functioning of the internet to restrict the "high level of [copyright] protection" (recital 9 InfoSoc Directive).

http://copyrightblog.kluweriplaw.com