Can streaming platforms be forced to remove music rights infringing content in the EU based on the DMCA?

Many of the users of different streaming platforms have recently received requests for withdrawals of content based on alleged music rights infringements under the DMCA from music rights holders.

In particular, Twitch has been affected. This platform has published a statement entitled “Music-Related Copyright Claims and Twitch” (available here) where they address the reasonable frustration that these actions are generating in content creators and explain what the DMCA is, how to ensure that broadcasts respect the work of others (and what they…

The opposition to this new figure of the information society challenges the community concept of freedom to provide services

What are the free tours?

It is an innovative business model, which has entered with disruptive force to change the way of booking a very traditional service: the tours offered by guides and tour companies through traditional channels.

Inevitably linked to the services of the information society, and driven by the movements of the collaborative economy, free tours in recent years have sought to “update” a figure that was very stagnant in the past. The tourist guide (“cicerone”, alluding to M…

How the personal data processed by an Artificial Intelligence should be protected

Artificial Intelligence (AI) or Machine Learning is a tool that is currently used for the development of solutions by third parties (programmers, product developers, etc.) with applications in technology and innovation sectors, from Internet search engines, personal assistants, robotics, video games, industrial control, to others such as the health field, optimization of public services, defence systems or environmental management. AI accesses and treats these data as part of other technologies or treatments, such as big data, IoT, 5G, etc. …

Opening a Pandora’s Box: The application of Title III of the Helms-Burton Act by the Trump administration in the U.S. gives new impetus in the Spanish courts to the claims of former owners of property “confiscated” by the Cuban government since 1959.

On May 2, 2019, the United States government allowed the application of Title III of the Helms-Burton Act, for the first time since the law was enacted in 1996, to allow United States nationals to sue persons who “traffic” in private property “confiscated” by the Cuban government since 1959.

The Trump Administration has also imposed restrictions on the entry into the United States of corporate executives and non-U.S. persons determined to be trafficking in such confiscated property, pursuant to Title IV of the Helms-Burton Act.

This action has opened the door to a flood of lawsuits against companies with active…

How to deal successfully with heterogeneous international transfer procedures

What is a cross-border transfer or relocation of a company’s seat?

When we talk about cross-border transfer of a company’s seat, we mean a change in the registered office location, going from the original incorporation seat to a place located outside the national or state borders. As this is an international or out-of-state relocation, then there are far more consequences and requirements for the company seeking it.

An international transfer of the registered office is, in fact, a change of nationality. Also, such transfer or relocation can coincide with a change of the legal form of the company.

In the U.S. legal terminology, it is defined as Entity Relocation or Entity…

Force Majeure and Other Changes in Contractual Circumstances As Grounds For Exonerating or Releasing From Liability for Breach of Contract

Is it Important to Analyze Commercial Contracts in the Light of Force Majeure While We Face COVID-19 Epidemic Outbreak?

Definitely yes. It is very important to take a series of precautions in commercial relations between businesses in the face of the consequences of COVID-19 epidemic. This is why we have previously published our Practical Guide for Businesses on how to deal successfully with the COVID-19 pandemic..

The truth is that the vast majority of businesses are experiencing a situation like this for the first time, and are thus facing its unforeseen consequences. Uncertainty is inevitable, and companies must have a clear idea on how to proceed in the face of all this.

What Measures Can Be Taken?

There is still time to take action…

Economic and Commercial Recommendations for Companies Facing Disruptions Caused by the Coronavirus Pandemic

MEASURES NEED TO BE TAKEN BY BUSINESSES TO ADDRESS THE IMPACT OF COVID-19 BREAKOUT

Gowper reach out to you in this special moment in which people and businesses are being harm by the rapid global spread of the COVID-19 pandemic to let you know that we’re here to HELP YOU.

Businesses are becoming increasingly concerned about the related financial and commercial implications, including challenging supply chain disruption, workforce disruption and widespread restrictions on the transport of persons and goods among the European Union and worldwide. While evidence mounts about the scale and seriousness of the economic and health impacts of the COVID-19, the extent of damages remains largely undetermined. …

Can The Manufacturer Forbid Any Type Of Online Selling?

“Passive” sales is any form of sales over the Internet. The concept can be found in article 4 of the Commission Regulation (EU) No 330/2010, which establish that “In general, where a distributor uses a website to sell products that is considered a form of passive selling” in Paragraph 51 of the Guidelines on Vertical Restraintsthe Guidelines on Vertical Restraints.

What Restrictive Practices Regarding Online Sales Can Harm Cross-Border Trade Within The EU?

Companies dedicated to selling of consumer goods for their resale with the EU, as distributors, licensors or merchandising resellers, can be affected by the contractual restrictions imposed by manufacturer or trademark owners.

Among the specific restrictions or obstacles that are…