…for in Article 17, is not simply the consequence of the way in which Article 3 of Directive 2001/29 should always have been understood, but ‘arises’ from Article 17. Therefore,…
…also here). In our article, we examined the effects of Article 17 on various fundamental rights, including the right to freedom of expression. We conclude that Article 17, in its…
…users, covered by Articles 2 and 3 InfoSoc Directive. At the same time, the special rule of Article 17(2) automatically extends any authorisation concerning the right in Article 17(1) (including,…
…recent consultation document, the European Commission also views Article 17 as lex specialis.) Instead, Nordemann/Waiblinger argue that only components of Article 17 are a special case. For the rest, the…
…is whether it in fact makes Article 5(3)(k) and, at least, Article 5(3)(d) mandatory to implement. Although a quotation limitation is mandatory under Article 10(1) Berne Convention, the Member States…
…implementation of Article 17 of the EU copyright directive” and marks an important and timely contribution to the discussion about the implementation of Article 17. It provides further insights into…
…availability of specific works contained in Article 17(4)b and the requirement in Article 17(7) that any measures implemented by platforms must not lead to the prevention of the availability of…
…business? Poland’s legal challenge before the CJEU is narrow in two respects: It is limited to the provisions of Article 17 which require the blocking of user uploads, Article 17…
…on the application of Article 17. Nevertheless it is clear that the approach of simply re-stating the provisions of Article 17 in national law is incompatible with key elements of…
…obligations established by Article 17(4)(b) and 17(4)(c) in fine violate Article 11 of the EU Charter of Fundamental Rights (EU Charter). Poland argues that these provisions effectively require OCSSPs to…
