The changing face of copyright content moderation in Europe: how will platforms adjust to Article 17?

[j.quintais]

The regulatory landscape for copyright content moderation has changed with the adoption at EU level and ongoing implementations of Article 17 of the Copyright in the Digital Single Market Directive (CDSM) Directive (2019/790), the European Commission's Guidance (COM), and the more recent CJEU case law, especially the judgment in Case C-401/19. Article 17 CDSM Directive regulates, inter alia, that users may rely on certain limitations and exceptions (quotation, criticism, review and caricature, parody or pastiche, cf. Article 17(7)), which are central for the access to culture and underlying fundamental rights. The Court’s judgement in C-401/19 further clarifies that Article 17(7) incorporates user rights, which application must be ensured by Member States and platforms.

How do you already adapt or plan to adapt your content moderation rules, technologies and practices to this changing copyright regime? Which challenges do you think future copyright regulation still needs to tackle?

Want to know more?

• D.6.2. Final Report on mapping of EU legal framework and intermediaries' practices on copyright content moderation and removal

• Quintais, João Pedro: Between Filters and Fundamental Rights: How the Court of Justice saved Article 17 in C-401/19 - Poland v. Parliament and Council, VerfBlog, 2022/5/16

• João Pedro Quintais, Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council, Kluwer Copyright Blog , 26 April 2022

• COMMUNIA Salon on the CJEU decision on Article 17 (28 April 2022), Paul Keller, João Pedro Quintais, Marco Giorello, Felix Reda, Eliška Pírková