The Digital Single Market Copyright Directive—Directive (EU) 2019/790
Produced in partnership with Daniel Byrne of AA Thornton and Lindsey Rigg of AA Thornton
The Digital Single Market Copyright Directive—Directive (EU) 2019/790

The following TMT practice note produced in partnership with Daniel Byrne of AA Thornton and Lindsey Rigg of AA Thornton provides comprehensive and up to date legal information covering:

  • The Digital Single Market Copyright Directive—Directive (EU) 2019/790
  • Background
  • Controversy around the DSM Copyright Directive
  • Implementation within the UK
  • Overview of the DSM Copyright Directive
  • First objective
  • Second objective
  • Third objective
  • Article 15—rights in publications
  • Article 17—use of protected content by online services
  • More...

This Practice Note examines Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market (DSM Copyright Directive). It summarises and explains the background to and individual articles of the DSM Copyright Directive, covering the controversy around the wording of the provisions of the DSM Copyright Directive including Article 15 on rights in press publications and Article 17 on use of protected content by online content sharing service providers. The Practice Note also covers implementation in the UK and in Member States and potential future divergence between the UK and EU on key provisions.

The DSM Copyright Directive amends Directive 96/9/EC on the legal protection of databases (Database Directive) and Directive 2001/29/EC (InfoSoc Directive). For more information, see Practice Notes: Copyright, media and digital tracker and Copyright in databases and database right.

Background

The EU has actively worked to bring its copyright laws in line with modern use of the internet and online content. The EU has created a framework of 11 directives and two regulations, which together comprise EU copyright legislation. The DSM Copyright Directive is the latest update to these, as part of the EU’s ongoing endeavour to harmonise the rights of authors and of performers, producers and broadcasters.

The ‘Digital Single Market’ was a policy announced by the Juncker Commission in

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