September 23
2021
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Anjum Shabbir
Anjum Shabbir
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7th June 2021
Data, Tech & IP

Op-Ed: “The EU Commission’s Guidance on Article 17 of the Copyright in the Digital Single Market Directive” by Bernd Justin Jütte and Christophe Geiger

Some clarifications and limited safeguards for fundamental rights, but insufficient to save the provision from annulment by the Court of Justice

The Directive on Copyright in the Digital Single Market (CDSM Directive) was adopted in May 2019 and the deadline for transposition expires on 7 June 2021. One of its more controversial provisions is Article 17, which changes the liability rules for so-called online-content sharing service providers (OCSSPs). These are online platforms whose main activity is the storage of large amounts of copyright protected works uploaded by their users. Article 17 consists of a number of crucial elements. First, it assigns primary liability to OCSSPs when users upload works protected by copyright onto

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