Guidance on Article 17 of Directive 2019/790 on Copyright in the Digital Single Market

Summary:

Communication published by the European Commission on 4 June 2021, offering guidance to support the correct and coherent transposition of Article 17 of Directive (EU) 2019/790 across all Member States of the European Union (EU).

Further information:

Directive (EU) 2019/790 on Copyright in the Digital Single Market (DSM) updates the EU's legislative framework on copyright to adapt certain exceptions to the digital and cross-border environment, to improve licensing practices and ensure wider access to content, and to achieve a well-functioning marketplace.

This guidance was issued by the European Commission in accordance with Article 17(10) of the Directive. It concerns the cooperation between online content-sharing service providers and rightholders. Its aim is to support the correct and coherent transposition of Article 17 across the Member States, paying particular attention to the need to balance fundamental rights and the use of exceptions and limitations. The guidance could also be of assistance to market players when complying with national legislations implementing Article 17.

The Communication takes into account the results of stakeholders dialogues held between October 2019 and February 2020 and a targeted written consultation carried out between July and September 2020. The document is not legally binding and may be reviewed in light of the outcome of a related legal challenge submitted before the Court of Justice of the European Union (EU).

• Primary Source

Commentary and Analysis

BEUC: Publications: Letter to Commissioner Breton, 23/09/2020: European Commission’s guidance on the application of Article 17 of the Copyright Directive https://www.beuc.eu/publications/beuc-x-2020-089_letter_to_commissioner_breton-application_of_article17_of_the_copyright_directive.pdf

EDRi: Resources, 04/06/2021: European Commission ignores civil society concerns and sides with creative industries https://edri.org/our-work/copyright-directive-ec-guidelines/

InfoJustice: Regional Fora, 05/06/2021: A closer look at the final Commission Guidance on the application of Article 17 http://infojustice.org/archives/43228

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Official

European Commission: Press Release, 04/06/2021: New EU copyright rules that will benefit creators, businesses and consumers start to apply https://ec.europa.eu/commission/presscorner/detail/en/ip_21_1807

European Commission: Questions and Answers – New EU copyright rules (4 June 2021) https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_2821

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