Rome Convention Research Articles

The Legal Approach to Investor Liability Conditions for Damage to Third Parties on the Ground within National Scope in the UAE Civil Aviation Law No. 20 of 1991 and the Saudi Civil Aviation Law No. 44 of 1426 AH: A Comparative Study

The damage caused by non-military aircraft to persons or property on the ground has long been a subject of international concern. Two key conventions were established to regulate liability arising from such damage: the 1952 Rome Convention, commonly known as the Rome Convention on “Damage Caused by Foreign Aircraft to Third Parties on the Surface,” and, later, the Montreal Convention of 2009, formally known as the “Convention on Compensation for Damage Caused by Aircraft to Third Parties.” The Montreal Convention was a result of the signatory states to the Rome Convention recognizing the need to review and update certain provisions. Both the United Arab Emirates and the Kingdom of Saudi Arabia are signatories to this convention. While international regulations play a significant role, domestic legislation is equally critical. It is therefore incumbent upon nations to enact clear legal provisions to regulate the liability of aviation investors for damage caused by aircraft to third parties on the ground, from a national legal perspective. This study addresses an issue of critical importance, namely the need for precise regulations that clarify the conditions of an aviation investor’s liability for damage to third parties on the ground within the national legal frameworks of the UAE and Saudi Arabia. Through comparative analysis, this research seeks to address the legislative gaps found in the UAE’s Civil Aviation Law No. 20 of 1991 on this matter.

Jednostranná nebo konkludentní? Problematické aspekty volby práva (nejen) v zajišťovacích instrumentech ve světle aktuální judikatury

This article deals with cases of <i>unilateral</i> and <i>tacit</i> choice of law, as less common examples of choice of law. These are entirely separate categories. Unilateral choice reflects the fact that it is the result of the will of only one person, and typically appears in unilateral legal acts (such as a financial guarantee in Czech law). Tacit choice, on the other hand, indicates that the intent to choose the law was expressed in a non-explicit way. Choice of law can be at the same time both unilateral and tacit, although this will not occur very often in practice. In the case of unilateral legal acts in the field of contract and tort law, there is a debate whether their conflict of laws regime falls under the EU’s unified conflict of laws rules (Rome I or Rome II Regulation) or under national law. There is no clear decision on the issue by the CJEU. The Czech Supreme Court has recently been given the opportunity to comment on this and some other issues of unilateral and implied choice of law. However, the Court rather missed this opportunity. It avoided the question of whether the national law or the Rome I Regulation applies to unilateral legal acts similar to a declaration of guarantee by (unfortunately incorrectly) applying the Rome Convention. The Court also applied the rules for a bilateral choice of law to an apparently unilateral choice of law in a rather complex manner. Moreover, its conclusion that the choice subjecting the declaration in question to “Danish statutes” is only an implied choice and not an express one is at least questionable. The article critically assesses this decision and shows in what respects a different (and more correct) course of action should be followed.

Limits of the Evidence Initiative of the Court of First Instance and the Reliable Evidence Procedure

Abstract This article aims to delineate the boundaries of the evidence initiative of the Court of the First Instance, which bears the responsibility to fulfil the goals of criminal proceedings, as outlined in Article 2 § 1 item 1 and § 2 of the Code of Criminal Procedure, from the perspective of evidence reliability, an essential component of the fair criminal trial concept. The court’s evidentiary actions were thus examined through the lens of requirements stemming from Article 6(1) and (3) of the ECHR, especially the principles of independence, impartiality, adversarial process, immediacy, and access to criminal proceeding materials. The article adopts a dogmatic approach, building on an analysis of current national legal standards and the Rome Convention’s provisions, viewed through doctrine and jurisprudence of national courts and the Court in Strasbourg. This makes the publication relevant for both legal scholars and practitioners involved in criminal proceedings. The analysis suggests that the court’s initiative to introduce evidence, its methods of evidence gathering, and access to collected materials during proceedings must not curtail the rights of the parties, especially the accused, to conduct their evidentiary activities. Depriving the court of the primacy of independence and impartiality, restricting the parties’ capacity to engage in dispute in favour of an inquisitorial jurisdictional body violates the right to fair evidentiary proceedings. The court, in safeguarding the principle of material truth, must remember its role as a justice administrator and balance all arguments accordingly. Seeking evidence solely to establish the accused’s guilt contradicts the procedural function of adjudication and compromises the court’s neutrality, making it an extension of the prosecution. Hence, a thorough elucidation of case circumstances by the court should not disempower the parties, particularly regarding their initiative to present evidence.

Challenges of navigating the Rome I Regulation in respect of the Rome Convention, Brexit, and Consumer Protection — Comments on CJEU, judgment of 14.9.2023 – C‑632/21 – Diamond Resorts Europe

Challenges of navigating the Rome I Regulation in respect of the Rome Convention, Brexit, and Consumer Protection — Comments on CJEU, judgment of 14.9.2023 – C‑632/21 – Diamond Resorts Europe

Positive Clause on Public Order is the Basis for the Protection of Constitutionally Significant Values of the State

The article notes that the purpose and mechanism of protection of public order in private international law can be understood only at the origins of the rationale for this protection, — in the doctrine of F. K. Savigny. The reasons for the formulation of F. K. Savigny only two exceptions to the displacement of foreign laws by local law, and the characteristics of fixing these rules in Art. 30 of the Introductory Law to the GGU. Analyzed are attempts to misinterpret the doctrine of F. K. Savigny after the adoption of the Rome Convention “On the law applicable to contractual obligations” (1980) and the Decision of the EU Court (2016), which gave a final assessment of these attempts. The influence of the Dutch school on modern international private law in Russia is noted. The consolidation of super-imperative norms in the legislation of Russia and the Netherlands is investigated. It has been established that the first group of norms of direct application of Art. 1992 of the Civil Code of the Russian Federation, the super-imperative nature of which in private cross-border legal relations is directly indicated by the legislator, has, in accordance with the theory of private international law, not a material, but a conflict character. The definition of super-imperative norms of the legislation of the Russian Federation, which ensure the protection of the constitutionally significant values of the state, is given.

창작노동에 대한 합리적 보상 방안에 대한 국제적 관행 및 선례

For copyright to achieve its original purpose, creators should be entitled to fruits of successful exploitation of their work after they license or transfer their rights. Due to imbalance of bargaining power, creators often sign away their rights to compensation. To respond that, we need to think about legislating an unwaivable right. Its operation resembles the fee collecting systems already set up for television writers and actors in Korea and for music writers and performers around the world, which originate from historical reasons, collective power, or the statutory compensation for performing music recordings. The last example is enshrined by Rome Convention and WPPT, and its modus operandi can be easily applied to audiovisual recordings. When the 2016 Beijing treaty does exactly that for audiovisual performers (i.e., actors and actresses) and where digital technology makes collection of fees for various ways of communicating the audiovisual works to the public, the time is ripe to seriously consider the audiovisual authors’ unwaivable right to remuneration extending beyond performers and inclusive of directors and script writers. In doing so, it will be desirable to take the form of compulsory licensing for copyright limitation so that the right to remuneration exists even when the creators have not made licensing or transfer. Collective management societies’ collecting activities may be more efficient than filing lawsuits for copyright infringement.

International legal protection of related rights of broadcasting organisations

The international protection of the rights of radio broadcasting organisations to the programmes they create and broadcast began with the adoption of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done in Rome on 26 October 1961 (the Rome Convention). The Rome Convention establishesthe general principles of legal protection of the rights of radio broadcasting organisations and establishes property rights that allow them to influence the use of programmes by third parties. On 21 May 1974, the Convention on the Distribution of Programme-Carrying Signals Transmitted by Satellite (the Brussels Satellite Convention) was adopted in Brussels. This actdoes not contain any provisions on the rights of broadcasting organisations and is an international treaty in the field of public international law rather than private international law. On 15 April 1994, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was adopted. Its peculiarity lies in the fact that it is the first international act thatcombines provisions on the legal protection of various intellectual property rights: copyright and related rights, trademarks, geographical indications, industrial designs, inventions, etc. In terms of the related rights of radio broadcasting organisations, the TRIPS Agreement is based on the provisions of the Rome Convention and does not provide for any other related rights.Thus, today, the related rights of radio broadcasting organisations at the international level comply with the standards of 1961. This does not take into account modern broadcasting and information transmission technologies, and therefore does not sufficiently protect the interests of radio broadcasting organisations. Since the late 90s, a new international treaty on the protection of the rights of broadcasting organisations has been developed under the auspices of WIPO. The adoption of this treaty is an urgent need to strengthen the international system of protection of the rights of radio broadcasting organisations.

O‘ZBEKISTON QONUNCHILIGI VA XALQARO SHARTNOMALARDA MUALLIFLIK HUQUQI VA TURDOSH HUQUQLARNI RAQAMLI MUHITDA MUHOFAZA QILISHGA DOIR HUQUQIY NORMALAR

The article deals with the problems associated with ensuring the legal protection of objects of copyright since the last quarter of the twentieth century and related rights in information and communication networks and, in turn, issues related to the constant maintenance of a balance between authors (right holders) and users are discussed. It is known that in 1996 the World Intellectual Property Organization adopted 2 important documents - “Internet Treaties” - to ensure the legal protection of copyright and related rights on the Internet. It was the adoption of these documents that had a serious impact on the countries of the world, making the necessary changes to their national copyright laws. At the same time, in the last 20-30 years, the rules for ensuring the copyright protection and related rights in the digital environment have taken place among other international and regional documents related to the field. It should be noted that the national copyright legislation of Uzbekistan also reflects the norms of the legal protection of works on the Internet and telecommunication networks. The article discusses these aspects and the problems of applying existing norms in practice. Theoretical and comparative analyzes were also carried out based on the norms of international conventions (“Bern Convention”, “Rome Convention”) and agreements (“WIPO Internet treaties”, TRIPS Agreement) and doctrinal sources. The article also discusses the analysis of such concepts as “the digital environment”, “digital technologies”, “multimedia”, and “cyber environment” and their essence. As a result of discussions, conclusions are drawn about the need to ensure the protection of copyright and related rights in the digital environment in Uzbekistan, legal mechanisms, issues of the practical application of the norms of “Internet contracts”, and the role of organizations managing property rights on a collective basis.

Labour Law: New Workplaces in the Metaverse and Opportunities for Cultural and Heritage Professions

The authoress will analyse the impact that the metaverse has and will have on the labour market, with a focus on the employment relationship, in the scenario of transitional (labour) markets that face several issues closely related to technology and digital. Microsoft's investment of nearly $70 billion in 2022 on the metaverse, along with investments by Google and Epic Games and large groups such as Gucci, Nike and Walmart - to name a few - represent the tip of the iceberg of a process that is already well underway and in which we are all involved. On the one hand, the interaction of different elements of cyberspace – used to generate immersive experiences in augmented reality through the combination of physical and digital aspects of life, three-dimensional technology, the Internet of Things, and personal avatars – may represent a form of welfare. On the other hand, the legal issues are different both with respect to aspects that are more typical of digital/technology platform property law (to give an immediate example) and with respect to the issue of blockchain-supported platforms and the impact of the metaverse on the "workplace," which we are specifically interested in. It is necessary to delve into the different issues that arise in the Italian legal system. Such issues include both the status of the worker with the applicable discipline (whether framed under the discipline of transnational posting or falling under the discipline of the relationship with elements of internationality set forth in the Regulation (ec) no 593/2008 of the European Parliament and of the Council of 17 June 2008 of the Rome Convention on the law applicable to contractual obligations (Rome I)) and labour control. Moreover, issues related to the protections provided in the Italian Workers' Statute (Statuto dei Lavoratori), not excluding psychosocial risks, must also be investigated. Another issue to focus on is contractual distancing. The status of the worker in the Metaverse is that of one who sits at a virtual desk in front of a virtual keyboard and screen for completely virtual work performance. Likewise, effects of social dumping arise in light of a possible labour crowdsourcing problem in Countries where labour costs are low. On the labour front, the questions that will arise are: what employment regulations and contracts will have to be applied to such professional activities? And what kind of new job profiles will emerge? Lastly, ethical questions also surface regarding the system of rules as well as the algorithms that will have to administer the labour market in a scenario in which human and artificial intelligence will have to coexist and contaminate each other. Further enquiry will be presented on the need to manage human capital and its strictly related impact on human resources to avoid social inequalities and discrimination. Finally, the impact on new job profiles and opportunities for cultural and heritage professions will be analysed. Keywords: Labour law; Labour market; Metaverse; Health & safety; Heritage professions.

CONVENTION RELATING TO THE DISTRIBUTION OF PROGRAMME-CARRYING SIGNALS TRANSMITTED BY SATELLITE AS AN ANONYMATIC INTERNATIONAL TREATMENT FOR THE PROTECTION OF RELATED RIGHTS

Abstract: the successful launch of an artificial satellite of the Earth, the flight of man into space served as an impetus for the emergence and subsequent development of satellite communication systems for transmitting televi‐ sion signals. At the same time, new means of communication, with a wide range of action, raised the issue of the protection of the rights of broad‐ casting organizations, which was to be resolved in 1974 at an international conference in Brussels. The purpose of the article is to determine the position of the Brussels Convention in the system of law through the prism of historical, functional and objective approaches. The author comes to the conclusion that this convention in relation to the Rome Convention of 1961 is a special treaty concerning the regulation of relations in the field of copyright and related rights. The identified distinctive features of the Brussels Convention make it possible to give it the legal status of an atypical treaty.

이슬람 금융계약의혼합 준거법 조항(combined-law clause)에 관한 연구

The rapid growth of Islamic finance lead to a rise in the number of disputes that implicate Islamic law(Shaira). Even though the primary law of Islamic finance contract can be that of a common law or civil law country, the implication of Sharia still remains. There is a resistance by some courts to apply Sharia to contracts which invoke another national law. This judgment is based on the principle that only one law can govern a contract and the Rome Convention’s requirement that the law of a contract be that of a national system. Scholars also support these conclusions by general precepts of common law and legal reasoning. In spite of these firm statements from courts and scholars, the practice of arbitral tribunal judging matters of Islamic finance has been to apply the principles of Sharia to fulfill the intent of the parties, who used Islamic financial instruments instead of conventional bank products. There are also cases showing that U.S. courts and European arbitrators are willing to use Sharia.
 If judges do not understand the reasoning of Islamic finance practice in incorporating Sharia, just like Shamil Bank v. Beximco Pharmaceuticals case, the result greatly hampers the growth of Islamic finance industry as well as the bad prejudice of Islamic law. As Islamic finance arbitrations consistently show a reliance on the use of national law with Sharia, western courts should judge the dispute to the greatest extent possible in accordance with the chosen national law, and only resort to applying Shariah principles as a gap-filler or when Islamic law sources are the basis of the specific issue being raised.

이슬람 금융계약의 혼합 준거법 조항(combined-law clause)에 관한 연구

The rapid growth of Islamic finance lead to a rise in the number of disputes that implicate Islamic law(Shaira). Even though the primary law of Islamic finance contract can be that of a common law or civil law country, the implication of Sharia still remains. There is a resistance by some courts to apply Sharia to contracts which invoke another national law. This judgment is based on the principle that only one law can govern a contract and the Rome Convention’s requirement that the law of a contract be that of a national system. Scholars also support these conclusions by general precepts of common law and legal reasoning. In spite of these firm statements from courts and scholars, the practice of arbitral tribunal judging matters of Islamic finance has been to apply the principles of Sharia to fulfill the intent of the parties, who used Islamic financial instruments instead of conventional bank products. There are also cases showing that U.S. courts and European arbitrators are willing to use Sharia.
 If judges do not understand the reasoning of Islamic finance practice in incorporating Sharia, just like Shamil Bank v. Beximco Pharmaceuticals case, the result greatly hampers the growth of Islamic finance industry as well as the bad prejudice of Islamic law. As Islamic finance arbitrations consistently show a reliance on the use of national law with Sharia, western courts should judge the dispute to the greatest extent possible in accordance with the chosen national law, and only resort to applying Shariah principles as a gap-filler or when Islamic law sources are the basis of the specific issue being raised.

Protection of the rights of performers in accordance with German law

Keywords: rights of the performer, moral rights, rights to use, communication tothe public, the right of the performer to demand payment of remuneration, the validityperiod of the rights to use
 The article examines the protection of performers' rights in Germany, introduced by the Act amending copyright regulations of 24 June 1985. The Copyright Act includes Part 2 «Neighboring Rights», section 3 of which deals with the protection of performers' rights, and the law itself is called the «German Copyright and Neighboring Rights Act». The German Law of 10 September 2003 on the regulation of copyright in the information society completely amends §§ 73−83 of the Copyright and Related Rights Act, which governs the protection of performers' rights under the WPPT.The provisions of § 73 «Performer» are extended to the performance of works of folk art. Paragraphs 74−76 are devoted to the protection of moral rights, which were indicated fragmentarily by previous legislation. In the corrected form, moral rightstake precedence over rights of use, which confirms the special adherence of German law to them. Whereas under previous legislation so-called “consent rights” were granted to performers, the updated paragraphs grants the present rights of use:recording, reproduction and distribution, communication to the public, rights of use, the right of the performer to demand payment of remuneration, the sharing of several performances.In Germany, the rights of the organizer of performances are protected. If the performance of the performer is organized by a company, then the rights to use belong, in addition to the performer, also to the owner of the company. According to §83, the provisions of Section 6 «Copyright Restrictions» of Part I «Copyright» of the Copyright and Related Rights Act apply respectively to the restriction of the rights of the performer and the organizer of the performance.The protection of performers in Germany is in accordance with the provisions of the Rome Convention, the WPPT, the relevant EU directives. With further improvement of the protection of the rights of performers in Ukraine, it would be useful to use the experience of Germany regarding the protection of the rights of the organizer of a performance and determining the term for the protection of rights to performances recorded on a phonogram.

Smjernice u postlisabonskom europskom međunarodnom privatnom pravu

Smjernice u postlisabonskom europskom međunarodnom privatnom pravu

Политика в области интеллектуальной собственности в условиях развития искусственного интеллекта: подходы и направление развития

As practice shows, every year the interest of society in the development of artificial intelligence is noticeably growing. Intelligent systems can multiply the productivity and efficiency of work and, at the same time, provoke discussions around the future of intellectual property. The study of the issue of the protection ability of objects created by artificial intelligence showed that they are subject to legal protection within the framework of two institutions of law, depending on the degree of human intervention, determined by its functions (technical, organizational, controlling). Firstly, objects created with the help of artificial intelligence, which acts as a tool in the hands of a person, are subject to legal protection within the framework of the current legal regulation. Secondly, these are objects created autonomously by artificial intelligence, including with the participation of a person, but who made only an organizational and technical contribution or controls the process: such results should be equated with objects of related rights. The owner of objects created by artificial intelligence autonomously can be considered a user of artificial intelligence, and in his absence - the owner of a computer program - artificial intelligence. In order to unify the norms of international intellectual property law, it is necessary to consider the issue of introducing new objects of related rights into the lists of major international agreements in the established area: in particular, the Agreement on Trade Aspects of Intellectual Property Rights (Marrakesh, April 15, 1994) and Rome Convention (Rome, October 26, 1961). Technical solutions created by artificial intelligence can also be patentable, but the issues of regulating artificial intelligence in patent law still require detailed study.

The Fundamental Right of Marriage in the Constitutions of European Countries

This study aims to present an overview the position of marriage in the constitutions of European countries. First, the origin of marriage as a fundamental right is looked at from a historical perspective, leading to different supranational instruments’ declarations. Subsequently, different approaches of the constitutions of European countries are scrutinised and classified depending on what protection, if any, is given to marriage. The spectrum spreads from defining marriage as protected by declaring it as a fundamental right to the lack of constitutional mention. For this broad overview, the scope of this work is based on the fact that all of these countries are parties to the Council of Europe, and the Rome Convention of 1950. Finally, a short exploration of some of the countries’ constitutional jurisprudence is carried out regarding the most controversial topics concerning the fundamental right to marriage.

NEEDLETIME: THE LONG AND WINDING ROAD

The article chronicles the long and winding road of the development of rights to royalties for performers from the recognition of a sort of potential right in the Berne Convention, through the different international instruments such as the Rome Convention, the TRIPs Agreement and eventually, for purposes of this article, the most important World Intellectual Property Organisation Performances andPhonograms Treaty (WPPT). It then proceeds to deal with the development of the law relating to performers’ rights in South Africa. It shows that, despite vehement objections from the National Association of Broadcasters (NAB), the Performers’ Protection Act and the Copyright Act were amended in 2002 and through these amendments a legislative framework for the protection of performers in South Africa was established. It concludes that, in spite of these legislative measures, the implementation of needletime has been controversial because of the vastly different interpretations of the empowering legislation. This has resulted in a delay in thepayment of needletime rights which has led to several judicial challenges that once settled, should hopefully bring a measure of legal certainty to this area of law.

THE DIRECT AND INDIRECT (PAR RICOCHET) PROTECTION OF MIGRANTS IN THE LIGHT OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS: BRIEF NOTES ON THE EVOLUTION OF THE STRASBOURG COURT’S CASE-LAW

In this paper, the case-law of the European Court of Human Rights on protection of migrants by the European Convention on Human Rights will be analyzed and discussed, in order to outline the main principles of decisions on cases concerning family reunion, expulsion, exclusion, detention and extradition of foreigners. In this realm, account shall be taken that there are very few provisions specially aimed at protecting human rights of migrants in the Rome Convention. The recognition of migrants’ human rights has been mainly granted by an indirect or par ricochet way, through the protection other human rights. When assessing the control of migration flows by Member States, the European Court has been placing, in a praetorian or evolutive way, migrants under the conventional protection through the guarantee of expressly protected conventional rights, such as the right to family or private life or the prohibition of torture

PROTECTION OF BROADCASTER’S RIGHTS WITHIN INTERNATIONAL AND EUROPEAN LEGAL FRAME: SYNTHETIC APPROACH

The right to intellectual property, which regulates the legal relations of creators and titulars, their personal and property rights in relation to their works, the relations of titulars and users and the relations of titulars and those who abuse their rights, has open perspectives for theoretical elaboration, with the need for daily improvement of national and international protection regulations, as well as the mechanisms for their practical implementation.
 The enormous impact of copyright and related rights, as a relatively new branch of law, as well as the rapid technological development leading to new techniques, such as broadcasting, which is the transmission of audio and video content to the public via radio, television, or other , often digital media, gave rise to the legal recognition of the rights not only of the authors and performers whose works are broadcast, but also the rights of the broadcasting organizations themselves (radio and television organizations) in relation to the use of their shows.
 Within this paper, we will strive to apply broadcasting, as part of the related rights of copyright, the importance and impact of the rights of radio and television organizations, their subject of protection, as well as legal protection, and also regulation of the rights of radio and television organizations under international law and the European Union.Furthermore, the set level of protection of the rights of broadcasters at the international level is taken into account. All this is covered in a broad framework of legislation, ie TRIPS Agreement, Rome Convention and Brussels Satellite Convention. Additionally, the level of protection of broadcasters' rights is described in European context. These are guidelines set in the domain of the Council of Europe, European Union and European Directives.
 The main goal of the paper is to draw essential conclusions and recommendations that will be the basis for being efficient through the application of qualitative analysis, more precisely, expressed through the application of content analysis method, comparison method and synthesis method, generalization and specification. Additionally, more it will produce more effective Macedonian legislation in the domain of the expressed issues, through a strategic approach of analysis and implementation.
 In the context of the above, the main conclusion and recommendations arising from the paper refer to the fact that the exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.
 It is also important to emphasize that every society needs to find its own explicit way of setting the legal framework in this issue, primarily as a result of existing opportunities and capacities, in terms of resources and technological benefits, which significantly affect of the process of effective implementation.

The Many Metamorphoses of Related Rights in EU Copyright Law: Unintended Consequences or Inevitable Developments?

Abstract Neighboring rights have always been neglected by copyright scholars, despite a steady increase of their economic relevance and market role across the decades. The situation has changed in the past two decades when, in response to the epochal shifts to which such rights have been subject, commentators have transferred their focus to the legislative and judicial evolution of neighboring rights. These changes, in fact, have had a substantial impact on the texture of EU copyright law and of the common core of EU Member States’ laws, which may – or may not – represent the beginning of a new era for the relationship between copyright and related rights. To understand the drivers and purpose of the various legislative reforms and the CJEU’s responses in the field, and the challenges they have posed to the consistency and internal balance of the EU copyright system, it is essential to analyze their roots and key features. To this end, this article will offer a brief overview of the legislative path that led from the Rome Convention to the debate preceding the Directive on Copyright in the Digital Single Market (CDSMD), with a focus on the introduction of sui generis rights and ancillary copyright (Section II). It will then comment on the nature and features of the new press publishers’ right under Art. 15 CDSMD, focusing on its strengths and pitfalls (Section III). The statutory analysis will be coupled with a comment on the four ‘waves’ of the CJEU’s judicial practice (Section IV), leading to a brief assessment and conclusions on the way forward (Section V).