|Author (Corporate)||Cardiff EDC|
|Content Type||Blog & Commentary, Overview|
Information Guide concerning Case C-401/19 from the Court of Justice of the European Union (CJEU), which relates to Article 17 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DSM).
Directive (EU) 2019/790 lays down rules aimed at harmonising further EU law applicable to copyright and related rights in the framework of the internal market. It also lays down rules on exceptions and limitations to copyright and related rights, on the facilitation of licences, as well as rules aiming to ensure a well-functioning marketplace.
Poland decided to launch a legal challenge before the Court of Justice of the European Union (CJEU) right after the adoption of the Directive in May 2019. The challenge raises a plea alleging infringement of the right to freedom of expression and information, requesting the annulment of parts of Article 17 which provides for new rules on content-sharing platforms.
On 26 April 2022, the CJEU dismissed the action brought by Poland against Article 17 of the Directive on copyright and related rights in the Digital Single Market (DSM). The ruling states that the obligation, on online content-sharing service providers, to review, prior to its dissemination to the public, the content that users wish to upload to their platforms, is accompanied by the necessary safeguards to ensure that such obligation is compatible with freedom of expression and information.
|Subject Categories||Internal Markets, Law|
|Subject Tags||Digital Single Market [DSM], EU Law, Intellectual Property|
|Keywords||CJEU Judgements, Copyright
|International Organisations||European Union [EU]|