Safeguarding User Freedoms in Implementing Article 17 of the Copyright in the Digital Single Market Directive: Recommendations From European Academics

Abstract

On 17 May 2019 the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was officially published (DSM Directive). Article 17 (ex-Article 13) is one of its most controversial provisions. Article 17 tasks the Commission with organizing stakeholder dialogues to ensure uniform application of the obligation of cooperation between online content-sharing service providers (OCSSPs) and right-holders, and to establish best practices with regard to appropriate industry standards of professional diligence. In the discussion on best practices, the provision adds, “special account shall be taken, among other things, of the need to balance fundamental rights and of the use of exceptions and limitations.” This document offers recommendations on user freedoms and safeguards included in Article 17 of the DSM Directive – namely in its paragraphs (7) and (10) – and should be read in the context of the stakeholder dialogue mentioned in paragraph (10).

Keywords: Copyright; Content-Sharing Service Providers; DSM Directive; Article 17; Platforms; Licensing; Digital Single Market; Exceptions and Limitations; Digital Content; Online Services