…permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994. Their legal basis is Articles 20 and 201 of…
…Article 8 (1) Rome II Regulation. This is the case if the copyright infringement targets (at least also) the country of protection (in line with Football Dataco/Sportradar). In the present…
…rights in Article 17 Guidance by Felix Reda and Paul Keller 3. The Challenge to Article 17 CDSM, an opportunity to establish a future fundamental rights-compliant liability regime for online…
Image of conolan on Pixabay Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in…
…June 2012. The BTAP offers a solution in its controversial Article 12, which enables, but does not require, participating States to introduce a presumption of assignment in favour of the…
…in arts. 17(7), (8) and (9). Third, the proportionality principle in 17(5) should “be considered” when assessing all best efforts obligations in 17(4). This latter consideration is particularly important to…
…of exceptions by ‘earmarked’ filtering Although Article 17(7) states expressly that the mechanisms of Article 17(4) shall not result in the prevention of lawful uses, including those covered by exceptions,…
…enough for the transposition and application of Article 17(7) to restore legitimate content ex post under Article 17(9), once it has been removed or disabled” and argues that that only…
…to reconciling rightsholders’ and users’ rights. Article 17 incentivizes platforms to block legal content In order to protect legal uses from over-blocking, ex-ante protections need to be complemented by…
…implements art. 17 of the directive. This blog post gives an overview of the most ambitious national implementation of art. 17 to date. With the long-awaited Commission guidance still missing…
