The New Copyright in the Digital Single Market Directive: A Critical Look
Abstract
This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.
Collective licensing, Copyright, digital content, Digital Single Market, EU law, exceptions and limitations, frontpage, Licensing, Online services, text and data mining
Bibtex
Article{Quintais2019e,
title = {The New Copyright in the Digital Single Market Directive: A Critical Look},
author = {Quintais, J.},
url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3424770},
year = {0107},
date = {2020-01-07},
journal = {European Intellectual Property Review},
volume = {42},
number = {1},
pages = {28-41},
abstract = {This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.},
keywords = {Collective licensing, Copyright, digital content, Digital Single Market, EU law, exceptions and limitations, frontpage, Licensing, Online services, text and data mining},
}