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Article 17(7) of Directive 2019/790 on Copyright and Related Rights in the Digital Single Market

Boehm, Kristina LU (2021) HARN63 20211
Department of Business Law
Abstract
Prior to the adoption of Article 17 of the Directive (EU) 2019/790 on Copyright
and Related Rights in the Digital Single Market, the e-Commerce Directive
provided hosting liability exemptions for intermediary service providers. In
addition, copyright exceptions and limitations were previously optional and their
implementation was at liberty of the Member States. Under the new Article 17
Member States are obliged to allow exceptions and limitations enlisted under
Article 17(7): ‘(a) quotation, criticism, review; (b) … for the purpose of
caricature, parody or pastiche’. Under certain criteria platform hosting providers
may be classified as Online Content Service Providers, who engage in
‘communication or making available to the... (More)
Prior to the adoption of Article 17 of the Directive (EU) 2019/790 on Copyright
and Related Rights in the Digital Single Market, the e-Commerce Directive
provided hosting liability exemptions for intermediary service providers. In
addition, copyright exceptions and limitations were previously optional and their
implementation was at liberty of the Member States. Under the new Article 17
Member States are obliged to allow exceptions and limitations enlisted under
Article 17(7): ‘(a) quotation, criticism, review; (b) … for the purpose of
caricature, parody or pastiche’. Under certain criteria platform hosting providers
may be classified as Online Content Service Providers, who engage in
‘communication or making available to the public’. In such cases, they become
liable for content uploaded on their platform by their users, unless the service
providers conclude a licensing agreement with the rightholders or implement the
‘best efforts’ method to fulfil an obligation under Article 17. On the one hand, the
Directive attempts to safeguard the freedom of expression online, on the other
hand, introduction of Article 17 may impose inevitable implied filtering
requirements, as [in]directly expressed under Article 17(4). The freedom of
expression of users is still the underlying question, as content filtering will most
likely be accomplished by technological means. The result of the research
confirmed mandatory nature of exceptions and limitations under Article 17(7) of
the Copyright Directive, yet their definition scope could be more elaborate to be
implemented uniformly across the EU Member States. According to some
scholars there are several inherent contradictions within Article 17 DSMD; and
one could say also with e-Comm. Directive, yet it is very much a matter of
interpretation and perspective, as some underlying obligations are implied as
opposed to expressed. (Less)
Please use this url to cite or link to this publication:
author
Boehm, Kristina LU
supervisor
organization
alternative title
Is Everything Set in Stone?
course
HARN63 20211
year
type
H1 - Master's Degree (One Year)
subject
keywords
Copyright Directive, Digital Single Market, e-Commerce Directive, Exceptions and Limitations, Article 17, DSMD, Quotation, Criticism, Caricature, Parody, Pastiche, Online Content Service Provider, OCSSP, UGC, IP, Intellectual Property, Best Efforts, Communication to the Public, Freedom of Expression
language
English
id
9066371
date added to LUP
2021-10-01 10:51:48
date last changed
2021-10-01 10:51:48
@misc{9066371,
  abstract     = {{Prior to the adoption of Article 17 of the Directive (EU) 2019/790 on Copyright
and Related Rights in the Digital Single Market, the e-Commerce Directive
provided hosting liability exemptions for intermediary service providers. In
addition, copyright exceptions and limitations were previously optional and their
implementation was at liberty of the Member States. Under the new Article 17
Member States are obliged to allow exceptions and limitations enlisted under
Article 17(7): ‘(a) quotation, criticism, review; (b) … for the purpose of
caricature, parody or pastiche’. Under certain criteria platform hosting providers
may be classified as Online Content Service Providers, who engage in
‘communication or making available to the public’. In such cases, they become
liable for content uploaded on their platform by their users, unless the service
providers conclude a licensing agreement with the rightholders or implement the
‘best efforts’ method to fulfil an obligation under Article 17. On the one hand, the
Directive attempts to safeguard the freedom of expression online, on the other
hand, introduction of Article 17 may impose inevitable implied filtering
requirements, as [in]directly expressed under Article 17(4). The freedom of
expression of users is still the underlying question, as content filtering will most
likely be accomplished by technological means. The result of the research
confirmed mandatory nature of exceptions and limitations under Article 17(7) of
the Copyright Directive, yet their definition scope could be more elaborate to be
implemented uniformly across the EU Member States. According to some
scholars there are several inherent contradictions within Article 17 DSMD; and
one could say also with e-Comm. Directive, yet it is very much a matter of
interpretation and perspective, as some underlying obligations are implied as
opposed to expressed.}},
  author       = {{Boehm, Kristina}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Article 17(7) of Directive 2019/790 on Copyright and Related Rights in the Digital Single Market}},
  year         = {{2021}},
}