Liliia Oprysk

• PhD in Law
• University of Bergen

The thesis deals with the dissemination rights under the EU copyright acquis and explores how the established approaches to defining their appropriate scope have been challenged by the developments of technology and the CJEU jurisprudence. It advances the idea that the assumption under Article 3(3) of the InfoSoc Directive is outdated and suggests...

<Available via the following link: https://rdcu.be/b4JMk> The recently adopted Digital Content Directive laid down some core rules concerning contracts for the supply of digital content to consumers. The Directive entitles consumers to use remedies for lack of conformity of content when the restrictions on its use breach reasonable consumer expect...

The EU Digital Content Directive sets out to facilitate the cross-border distribution of digital content and ensure a high level of consumer protection by harmonising certain aspects concerning contracts for the supply of digital content. The Directive acknowledges the variety of licensing agreements involved in the distribution of digital content,...

Pursuant to the EU copyright acquis , right holders enjoy broad control over the communication of a work to the public. Following the VG Bild-Kunst judgment of the CJEU, right holders can rely on copyright to preclude framing of their otherwise freely available works on other websites. Circumventing technical measures placed by the right holders to...

As the first anniversary of Russia's full-scale military attack on Ukraine is approaching, this document contains revised ideas on how the global academic community can help Ukraine, given the year that passed.

Ukraine's relations with other European states, including the EFTA States, have deepened since 2022 due to heightened security concerns in Europe and Ukraine's application for EU membership. This post seeks to outline the various forms of cooperation between the EFTA States of the European Economic Area (EEA) and Ukraine under these circumstances....

States seeking to join the European Union (EU) must extensively harmonise their laws with the EU acquis. Ukraine applied for EU membership on the fifth day of Russia's full-scale military invasion in 2022, following years of legal approximation under the EU-Ukraine Association Agreement 2014. Since June 2022, Ukraine has been an EU candidate state...

the day that Russia launched its full-scale invasion of Ukraine, caught many by surprise and prompted an unprecedented use of the Ukrainian flag and other national symbols by public authorities and private entities across the globe. Public attention also led to a spike in applications for trademark registrations of such symbols , including at the E...

Geography plays a major role in Ukraine's history. At the crossroads of Empires and cultures for centuries, Ukraine's territory's borders kept being redrawn, which subjected the population to a plethora of legal regimes, including copyright. Until Ukraine regained independence in 1991, only parts of today's territory, and only for brief periods of...

Article 3(3) InfoSoc Directive harmonises the so-called rule of “non-exhaustion” of the right to communication to the public under EU law. The provision seemingly suggests that every act falling within the scope of communication to the public requires authorisation. The CJEU jurisprudence illustrates that this is not always the case, as in certain...

Unofficial translation Article 33 Ukrainian Copyright Act (incl. amendments of March 20, 2023) as of December 12, 2023

States aspiring to join the European Union (EU) must extensively harmonise their laws with the EU acquis. Ukraine applied for EU membership on the fifth day of Russia's full-scale military invasion in 2022, following years of legal approximation under the Ukraine-EU Association Agreement 2014. Since June 2022, Ukraine has been an EU candidate state...

The original version of February 2022. These are some ideas on how the global research community and academic sector can help Ukraine. Please modify, share and reuse as you deem necessary! See also https://twitter.com/Sci_for_Ukraine Collecting information about practical support provided by universities and research organization for Ukrainian r...

Since the adoption of the InfoSoc Directive, the CJEU has been dealing with a variety of questions on the interpretation of the broad right of communication to the public. A substantial share of the references for a preliminary ruling concerns secondary communication, which relies on communication initially authorised by the right holder. Despite t...

A reference for a preliminary ruling on the applicability of exhaustion of the right of distribution under the Copyright Directive to e-books reached the Court of Justice of the European Union (CJEU), putting copyright exhaustion once again under the spotlight in the EU. In light of the Court’s tendency to extend the scope of the right of communica...

A comment on the CJEU judgment in C-166/15 in Ranks&Vasiļevičs (Microsoft Corp.)

The justification of applying the exhaustion doctrine to intangible copies of copyright protected works is widely discussed in scholarly circles. The discussion mainly concerns the relevant provisions of the international treaties and rationale of the exhaustion doctrine under EU law. However, little attention is paid to the question regarding how...

Cloud-based services (especially IaaS) are widely used by businesses, including small and medium-sized enterprises. The recently adopted General Data Protection Regulation is going to influence the EU cloud computing market significantly, and SMEs using IaaS to process personal data of their clients face a need to adapt to those changes if they are...