Directive on Copyright in the Digital Single Market
The Directive on Copyright in the Digital Single Market, formally known as the Directive (EU) 2019/790, is a legislative act of the European Union aimed at harmonizing copyright law across its member states. Adopted on 17 April 2019, this directive seeks to address the challenges that have emerged with the rise of the digital economy and the internet, particularly in the context of the Digital Single Market.
Objectives
The primary goal of the Directive is to ensure a fair and balanced marketplace for the exploitation of works and other subject matter in the context of the information society. It aims to promote the creation and circulation of high-quality content and provide better access to content for users across the EU. The Directive also seeks to enhance the positions of rightsholders, such as authors and performers, by ensuring they are fairly remunerated for the use of their works.
Key Provisions
Article 13 (Now Article 17)
One of the most debated provisions of the Directive is Article 17, initially known as Article 13. This article requires certain online content-sharing service providers to obtain permission from rightsholders to use copyrighted works. If permission is not granted, these platforms must ensure that unauthorized content is not available on their services. This has sparked discussions about the potential for censorship and the impact on user-generated content platforms like YouTube.
Exceptions and Limitations
The Directive also introduces new exceptions and limitations for text and data mining activities, aimed at facilitating research and innovation. These provisions allow researchers to mine text and data from works to which they have lawful access. Additionally, the Directive makes allowances for the preservation of cultural heritage by permitting certain institutions, such as libraries and archives, to make copies of works in their permanent collections.
Licensing Mechanisms
The Directive promotes the development of efficient licensing mechanisms that facilitate the use of copyrighted works. It encourages the establishment of mechanisms that can help streamline the process of obtaining licenses, especially for cross-border uses.
Impact and Controversies
The implementation of the Directive has generated significant debate among stakeholders, including rightsholders, internet platforms, and civil society groups. While some rightsholders argue that it strengthens their rights and ensures fair compensation, critics contend that it could lead to over-policing of content by platforms, stifling creativity and innovation.
Interaction with Other EU Legislation
This Directive is part of a broader effort to modernize EU copyright law, complementing other directives such as the Information Society Directive and the Digital Markets Act. It also interacts with the Directive on Electronic Commerce, which outlines the responsibilities of intermediary service providers in the context of digital services.