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…

Germany was the main battleground over last year’s adoption of the EU Directive on Copyright in the Digital Single Market (DSM Directive). After 200,000 people took to the streets against impending restrictions of their freedom of communication, the German government promised to avoid the use of upload filters in its national implementation. One of the…

Yesterday the German Federal Supreme Court (Bundesgerichtshof) published its rulings on three long-standing copyright disputes involving fundamental rights. All three cases had been the subject of preliminary rulings by the CJEU last year, case C‑469/17 (Funke Medien), case C‑516/17 (Spiegel Online) and case C‑476/17 (Pelham). In the two press freedom-related cases, the German Federal Supreme…

A year after the adoption of Directive 2019/790 on copyright and related rights in the Digital Single Market, many questions about its compatibility with fundamental rights remain unanswered. Germany, the epicenter of public protests against the directive’s most controversial provisions, is also the origin of frequent fundamental rights-related requests for preliminary rulings on EU copyright…