The compatibility or validity of national transpositions of Article 17 CDSM Directive
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Article 17 of the Copyright in the Digital Single Market Directive (CDSM) Directive (2019/790) introduces a new authorization and liability regime for online content-sharing service providers (OCSSPs). Member States were required to implement the new regime by June 7, 2021, although many have failed to do so. In addition, existing national transposition laws and proposals of Article 17 show significant divergences. Indeed, those Member States that have already introduced the national rules on OCSSPs might need to reconsider their national laws to comply with the recent CJEU judgment in Case C-401/19.
How do you evaluate the compatibility of the national transpositions (and available proposals for transposition) of Article 17 in your Member State with EU law, and how do you think your national transposition can reach the necessary balance between copyright holders’, end-users’ and businesses’ fundamental rights? More precisely, do you think a literal (minimalist) or a more detailed implementation of Article 17(4) can reach this goal more efficiently?
Want to know more?
- D.6.2. Final Report on mapping of EU legal framework and intermediaries' practices on copyright content moderation and removal, DOI 10.5281/zenodo.6461568