All That Glitters is not Gold - an Empirical Review of Article 17 of the European Union's Copyright in the Digital Market Directive
All That Glitters is not Gold - an Empirical Review of Article 17 of the European Union's Copyright in the Digital Market Directive

Author(s): Péter Mezei
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Summary/Abstract: The European Union's (EU) copyright liability regime for the use of subject matters in the online environment has been in motion for two decades. Based on the EU directives of the Millennium, the Court of Justice of the European Union has developed platforms' direct liability for certain end-user activities. This, coupled with the growing streaming ecosystem prompted the EU to introduce the Copyright in the Digital Single Market (CDSM) Directive in 2019. Article 17 of it obliges online content-sharing service providers (OCSSPs; practically hosting platforms) to authorize end-user uploads, and subjects them to liability in the lack of authorization or the prompt removal of illegal content. Article 17 is the cornerstone of the EU's digital copyright reform, but its practical effectiveness is far from certain.

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