The Recommendation on Measures to Safeguard Fundamental Rights and the Open Internet in the Framework of the EU Copyright Reform
European Intellectual Property Review, Vol. 40, Issue 3, 2018, pp. 149-163
25 Pages Posted: 20 Oct 2017 Last revised: 13 May 2018
Date Written: October 17, 2017
Article 13 of the Proposed EU Directive on Copyright in the Digital Single Market and the accompanying Recital 38 are amongst the most controversial parts of the European Commission’s copyright reform package. Several Members States (Belgium, the Czech Republic, Finland, Hungary, Ireland, the Netherlands and Germany) have submitted questions seeking clarification on aspects that are essential to the guarantee of fundamental rights in the EU and to the future of the Internet as an open communication medium. The following analysis discusses these questions in the light of the jurisprudence of the Court of Justice of the European Union. It offers guidelines and background information for the improvement of the proposed new legislation.
Keywords: EU copyright reform, digital single market, safe harbour for hosting, fundamental rights, freedom of expression, protection of personal data, privacy, freedom to conduct a business, E-Commerce Directive, Information Society Directive, communication to the public, user-generated content, value gap
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