Traduttore, traditore? El sutil paso de «mejores» a «mayores» esfuerzos en la Directiva de Derechos de Autor en el Mercado Único Digital [Traduttore, traditore? The subtle change from "best efforts" to "biggest efforts" in the Digital Single Market Copyright Directive].
14 Pages Posted: 18 Nov 2021
Date Written: October 9, 2021
One of the thorniest issues in the Copyright in the Digital Single Market Directive, is how to transpose Art. 17 into national law. The EU Commission issued its last minute Guidance in June 2021, barely two days before the date when Members states were supposed to have transposed the Directive. This article focuses on a particular point of Art. 17, namely the “best efforts” obligations laid down in Art. 17(4) as requirements to be met by online content-sharing service providers to enjoy the new safe harbour. An interesting linguistic issue emerges in this regard, as a number of official language versions of the Directives, instead of using “best efforts”, chose a non-obvious translation of the English text, such as “biggest efforts”, “all the efforts”, and similar terms. This article examines the both the nature of the efforts required in the Directive and the linguistic issues that surround this notion, and submits that national legislators are free to improve the misleading translation of the Directive in this point. In particular, it suggests the Spanish transposition should use “best efforts”, instead of “the biggest efforts” in its national transposition measures. The article is written in Spanish.
Keywords: Copyright, Digital Single Market, Best efforts clause, Art. 17, Transposition
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