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ARTICLE · 23 DECEMBER 2015

EU To Have Portable Online Content By 2017

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Last week the European Commission published the latest in its Digital Single Market (DSM) copyright reform series.

European UnionIntellectual Property

Last week the European Commission published the latest in its Digital Single Market (DSM) copyright reform series. This included a Regulation on portable content that aims at enabling consumers to use their home online subscription while they stay temporarily in another Member State. It does this by effectively removing the right for copyright owners to bring infringement action in the temporary state of residence. "Temporary" has been given a wide interpretation and appears to mean anything other than permanent residency. It has been left to rights holders to require providers to periodically authenticate the Member State of residence of subscribers in order to avoid abuses.

Only subscribers from the original Member State will have access to the portable content and the Commission has not said that consumers in one Member State must have free access to services in other Member States. This is a more controversial issue, which may be addressed in Spring 2016 when the

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