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…

The European Copyright Society (ECS) has issued a series of insightful Comments on the implementation of the CDSM Directive’s provisions, which aim to serve as guidelines for policy options for the implementation of the Directive in the Member States. Part I of this post outlined the Comments on the implementation of Articles 8 and 12,…

Almost a year has passed since the adoption of the Directive on Copyright in the Digital Single Market (CDSM) Directive on the 6th of July 2019. This marked the end of a controversial legislative process at EU level, but also the beginning of a highly demanding process of national implementation. While the Directive has to…

Last Tuesday, Hungary somewhat unexpectedly became the second EU member state to implement part of the Copyright in the Digital Single Market (CDSM) Directive into national law, after France, which implemented Article 15 (the new press publishers’ right) back in October last year. Hungary has now passed a law implementing Article 5 of the DSM…

Following a long and winding procedure, Directive 2019/790 on Copyright in the Digital Single Market (CDSM Directive) and the SatCab 2.0 Directive (2019/789) were adopted last year. EU Member States started the implementation at different paces. (See CREATe and Communia’s datasets on national implementations.) Following a multi-event public consultation period in autumn 2019, the Hungarian…

The first part of this series provided an introduction to the Dutch DSM copyright directive transposition bill submitted to the Dutch parliament on 15 May (operative provisions Dutch / auto-translate, explanatory memorandum Dutch / auto-translate), and a discussion of the provisions transposing Article 15 (the press publishers’ right). Part 2 continued with an analysis of…

The first part of this post provided an introduction to the DSM copyright directive transposition bill submitted to the Dutch parliament on 15 May (operative provisions Dutch / auto-translate, explanatory memorandum Dutch / auto-translate), and a discussion of the provisions transposing Article 15 (the press publishers’ right). This Part 2 continues with an analysis of…

Introduction On 15 May, the Netherlands became the first EU member state to submit a complete DSM copyright directive transposition bill to parliament.[1] Both the timing and the content of the legislative proposal show an acute desire to avoid the risk of late or incorrect transposition.[2] In the operative provisions (auto-translate) and explanatory memorandum (auto-translate),…

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…