In the Monsters of Law series we ask academics and practitioners of law how the intersections of technology and law shape our everyday life. They answer with examples and perspectives that help us navigate the interesting times of technological transformation, both practically and from the policy perspective.
First Advocate General Maciej Szpunar talked about various aspects of the law of new technologies from the perspective of EU Law. It concerned in particular: injunctions against intermediaries, the concepts of communication to the public and territoriality, along with the changing nature of services and their “uberisation”.
Copyright exceptions have been partially harmonised at the EU level. But are Member States transposing them correctly? The new Copyright in the Digital Single Market Directive will impose the adoption of new exceptions. What freedom do Member States enjoy in shaping national rules?
Despite harmonisation efforts in relation to specific types or works and horizontally through the Information Society Directive, approaches at the national level have resulted in exceptions with varying scope across the EU. One example are exceptions that are limited to non-commercial uses, which lacks a corresponding limitation at the EU level. Are these national approaches to the implementation of EU directives legal? Despite the ‘fairy tale’ of the inherent flexibility of the EU copyright system, the answer appears to be in the negative. Through selected examples, this talk will explore the implications of questionable national transpositions and highlight what lessons, if any, can be learned to improve copyright law-making in Europe.
Maciej Szpunar, Professor of Law, has been Advocate General at the Court of Justice since 2013. He holds degrees in law from the University of Silesia and the College of Europe, Bruges; Doctor of Law; habilitated Doctor in Legal Science. He was member of the Committee for Private International Law of the Civil Law Codification Commission under the Ministry of Justice in Poland, Undersecretary of State in the Office of the Committee for European Integration (2008-09), then in the Ministry of Foreign Affairs as well as Vice-Chairman of the Scientific Board of the Institute of Justice. He has been a member of the Board of Trustees of the Academy of European Law, Trier and a member of the Research Group on Existing EC Private Law (‘Acquis Group’). Maciej Szpunar is an author of numerous publications in the fields of European law and private international law.
An Italian-qualified lawyer (avvocato) with experience in the area of copyright, trademarks, fashion and internet laws. An associate professor in intellectual property (IP) law at the University of Southampton, an Editor of the Journal of Intellectual Property Law & Practice (Oxford University Press), an IP Kat and a Door Tenant at specialist IP set 8 New Square in London.
The Monsters of Law is organized by the Free Knowledge Advocacy Group EU, a group of Wikimedians who promote free access to, and re-use of, human knowledge. We take a stance on legislation on open access, copyright, and other major legislative and political changes affecting the vision, mission and values of the Wikimedia movement.