How to License Article 17? Exploring the Implementation Options for the New EU Rules on Content-Sharing Platforms under the Copyright in the Digital Single Market Directive

Abstract

Article 17 of the Copyright in the Digital Single Market Directive is a major internet policy experiment of our decade. The provision fundamentally changes copyright regulation of certain digital platforms. However, the precise nature of Article 17 is far from clear. How does it fit the existing structure of EU copyright law and doctrine? How can the Member States implement it? These are the questions at the heart of this article. To answer them, we start by examining the nature and structure of the right prescribed in Article 17. The exact qualification brings important legal consequences. Among others, it determines the conditions imposed by EU and international law on national implementations. After reviewing different interpretation options, we conclude that Article 17 introduces either a ‘special’ or a ‘new’ sui generis right, both of which allow significant margin of discretion for Member States, especially as regards licensing mechanisms and exceptions.

Algorithmic Parody Protection in the European Union: CDSM Directive and DSA Regulation Perspective

“…The function of parody is a subjective humorous message of a creative work that involves a parody object -usually, a reproduction of a copyrighted creative work or a fragment of such work that serves as an object of humor, satire, or parody included in the work 38 . The function of parody or other similar humorous genres is essential for creative work to qualify as serving the use of parody 39 . In the case Deckmyn and Vrijheidsfonds VZW v Helena Vandersteen and Others, the CJEU held that essential characteristics of parody in creative work are to ‚evoke an existing work while being noticeably different from it and secondly, to constitute an expression of humor or mockery 40 .…”