In Part 1 of this blog post, we explained the importance of the CJEU judgment in joined cases C-682/18 (YouTube) and C-683/18 (Cyando) for the application of copyright law, even after the introduction of a new copyright liability regime for certain online platforms through Art. 17 DSM Directive. In this part 2, we turn to…

The European Court of Justice (CJEU) ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. 3 (1) InfoSoc Directive, has been eagerly awaited for a long time. Such a long time – almost a year has passed since the Advocate General opinion (see here) – that…

The European Commission has published its long overdue guidance on the application of art. 17 of the Directive on Copyright in the Digital Single Market (CDSMD), a mere three days before the implementation deadline. The final version of the guidance makes it clear that the Commission has abandoned the position it held before the CJEU…

In Part 1 of this blog post, we introduced the core mechanism of ex-ante protection against the blocking of legal uploads in Germany’s implementation of art. 17 of the Directive on Copyright in the Digital Single Market (CDSMD). In Part 2, we examine other elements of the German implementation bill, the “Act on the Copyright…

On 28 May the German Bundesrat approved the law transposing Directive (EU) 2019/790 on Copyright in the Digital Single Market (CDSMD), thus finalizing the national implementation process. At the core of the German transposition of the CDSMD is the “Act on the Copyright Liability of Online Content Sharing Service Providers” (Urheberrechts-Diensteanbieter-Gesetz – UrhDaG), which implements…

Having established in part 1 of this blog post that Article 17 will place significant economic burdens on platforms large and small, and that those burdens create incentives for platforms to further impact the freedom of expression and information of users, we go on to examine in part 2 whether those burdens constitute a restriction…

The risk of mandatory upload filters for freedom of expression and information online has been at the core of criticisms of Article 17 of the EU Directive on Copyright in the Digital Single Market (DSM Directive). This risk is evident from numerous examples of restrictions on legitimate speech resulting from the voluntary use of such…

Part 1 of this blog post introduced the claim by rightsholders and some other commentators that Article 17 of the EU Directive on Copyright in the Digital Single Market (DSM Directive) is a mere clarification of existing Court of Justice case-law on communication to the public and intermediary liability. The second part of this blog…

EU Member States are currently grappling with the task of implementing the Directive on Copyright in the Digital Single Market (DSM Directive) into national law. The European Commission is preparing its guidance to help national legislators make sense of its most controversial part, Article 17. These legislative developments have prompted a series of remarkably similar…

The first part of this post provided an introduction to the German implementation proposal for Article 17 DSM Directive (the Copyright Service Provider Act), and a discussion of the proposed rules on user rights and pre-flagging. This Part 2 continues with an analysis of the newly proposed exceptions and limitations, the German efforts to achieve…