Between compliance and control: German implementation of Article 17 of Directive on Copyright in the Digital Single Market and self-regulation of online content-sharing service providers

Between compliance and control: German implementation of Article 17 of Directive on Copyright in the Digital Single Market and self-regulation of online content-sharing service providers

Journal article

1 online resource

As a part of the Digital Single Market Strategy actions to make European Union copyright rules fit the digital age, The Directive on Copyright in the Digital Single Market was published in the Official Journal in 2019. However, art.17 of this Directive, with its "best efforts" obligations, faced heavy criticism. In order to meet the requirements of this Article and avoid liability for copyright-infringing content, platforms need to use automated content recognition tools, also known as "upload filters". These technologies often disproportionately interfere with users’ freedom of expression. This is a significant issue that Member States should take into consideration when implementing the Article, particularly given the emphasis on effective safeguards for these systems in the Poland decision by the CJEU. This article aims to provide recommendations for a fundamental rights-compliant implementation of the Article by examining the German implementation together with the current self-regulation of Online Content Sharing Service Providers. This analysis will provide different perspectives on art.17 and insight into the problems with art.17.

Crossref

European Intellectual Property Review, 0142-0461 ; E.I.P.R. 2025, 47(1), 9-25

[New York, NY] : Thomson Reuters, 2025.

English

https://1.next.westlaw.com/Copyright

External Online Journals > European Intellectual Property Review