The Principle of Appropriate and Proportionate Remuneration in the CDSM Directive: A Reason for Hope?

Abstract

The opinion sheds light on Article 18 of the Copyright in the Digital Single Market Directive recently enacted by the EU legislator. Deeming it to be important to trace the origin and evolution of the notion of fair remuneration within the EU copyright legal framework, the provision is first contextualized and subsequently analysed in its merits. The author argues that, given its strengths and weaknesses, the principle of appropriate and proportionate remuneration is likely to result in a successful consolidation of the protection of authors and performers, national implementations permitting. In this light, Article 18 promises to represent an effective and function-based development in the modernization of EU copyright rules.

Keywords: EU copyright law, digital single market, CDSM Directive, fair remuneration, author, performer