European Copyright Licensing and Infringement Liability Under Art. 17 DSM-Directive Compared to Secondary Liability of Content Platforms in the U.S.: Can We Make the New European System a Global Opportunity Instead of a Local Challenge?

Journal article

83 pages

In this article, first, the dogmatic structure of Art. 17 DSM-Directive is analyzed in the overall context of EU law. It is shown that Art. 17 fits reasonably well into the system of EU fundamental rights, copyright law and provider safe harbors. On that basis, the entire Art. 17 licensing and liability structure is outlined and explained in detail thereby addressing many important con-crete problems for implementation in the Member States. Secondly, the article shows that in order to make Art. 17 work in an effective and proportionate way, fairly balancing the interests of large rightholders and OCSPs with the interests of individual authors and small rightholders as well as OCSP users, collective blanket licenses including ex-tended collective licensing (ECL) mechanisms will be needed on the European market for as many content categories and uses as possible.

Published in : Zeitschrift für Geistiges Eigentum/Intellectual Property Journal (ZGE/IPJ)

[Tübingen, Germany] : Mohr Siebeck, 2020.

English