How to License Article 17? Exploring the Implementation Options for the New EU Rules on Content-Sharing Platforms

GRUR International (Issue 4/2021, forthcoming)

52 Pages Posted: 14 Oct 2019 Last revised: 11 Feb 2021

See all articles by Martin Husovec

Martin Husovec

London School of Economics - Law School

João Pedro Quintais

University of Amsterdam - Institute for Information Law (IViR)

Date Written: January 2021

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 Art. 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 Art. 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 Art. 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.

Keywords: copyright law, intermediaries, Article 17, licensing, communication to the public, exceptions and limitations

JEL Classification: K29

Suggested Citation

Husovec, Martin and Quintais, João Pedro, How to License Article 17? Exploring the Implementation Options for the New EU Rules on Content-Sharing Platforms (January 2021). GRUR International (Issue 4/2021, forthcoming), Available at SSRN: https://ssrn.com/abstract=3463011 or http://dx.doi.org/10.2139/ssrn.3463011

Martin Husovec (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

João Pedro Quintais

University of Amsterdam - Institute for Information Law (IViR) ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

HOME PAGE: http://https://www.ivir.nl/nl/medewerker/quintais/

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