Update on Implementation of the Copyright in the Digital Single Market Directive

• Jurisdiction: European Union
• Year: 2022
• Author: Eleonora Rosati

Speaker

Dr Eleonora Rosati is Full Professor of Intellectual Property Law and Director of the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University. She is also Of Counsel at Bird & Bird, Guest Professor at CEIPI- Université de Strasbourg, Associate of the Centre for Intellectual Property and Information Law (CIPIL) at the University of Cambridge, and Research Associate at EDHEC Business School. A long-standing contributor to The IPKat and an Editor of the Journal of Intellectual Property Law & Practice (Oxford University Press).

Topic

The e-presentation is designed to provide participants with a comprehensive understanding of the CDSM Directive, its legislative process, and the objectives and rationale behind it. It begins by giving an overview of the EU legislative process leading to the adoption of the Directive in 2019. This includes a discussion of the various stages of the legislative process, the key actors involved, and the main challenges and debates that arose during the negotiations.

Following this, the presentation delves into the specific objectives and rationale of the CDSM Directive. It explains how the Directive aims to address the challenges posed by the digital environment to the protection of intellectual property rights, particularly in the context of the online distribution of copyrighted works.

The presentation then focuses on the implementation into national law of two key articles of the Directive: Articles 15 and 17. Article 15 introduces a new right for publishers, allowing them to claim remuneration from news aggregators and other online platforms for the use of their content. Article 17, on the other hand, imposes new responsibilities on online content-sharing service providers, such as YouTube and Facebook, to ensure that copyrighted material is not uploaded to their platforms without permission.

Throughout the presentation, participants can expect to gain a deep understanding of the various legal and policy issues surrounding the CDSM Directive, as well as the implications of its implementation for different stakeholders.

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