The Recommendation on Measures to Safeguard Fundamental Rights and the Open Internet in the Framework of the EU Copyright Reform

Martin Senftleben; Giancarlo Frosio; Christina Angelopoulos; Valentina Moscon; Miquel Peguera; Ole-Andreas Rognstad

The Recommendation on Measures to Safeguard Fundamental Rights and the Open Internet in the Framework of the EU Copyright Reform

Martin Senftleben^*, Giancarlo Frosio, Christina Angelopoulos, Valentina Moscon, Miquel Peguera, Ole-Andreas Rognstad

^*Corresponding author for this work

Research output: Contribution to journal › Article › peer-review

Abstract

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.

Original language	English
Pages (from-to)	149-163
Number of pages	15
Journal	European Intellectual Property Review
Volume	40
Issue number	3
Publication status	Published - 2018
Externally published	Yes

Keywords

fundamental rights, copyright reform, C-DSM directive, EU law, online platforms, intermediary liability, platform regulation, internet, technology, intellectual property

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Cite this

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title = "The Recommendation on Measures to Safeguard Fundamental Rights and the Open Internet in the Framework of the EU Copyright Reform",

abstract = "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{\textquoteright}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.",

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AU - Senftleben, Martin

AU - Frosio, Giancarlo

AU - Angelopoulos, Christina

AU - Moscon, Valentina

AU - Peguera, Miquel

AU - Rognstad, Ole-Andreas

PY - 2018

Y1 - 2018

N2 - 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.

AB - 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.

KW - fundamental rights, copyright reform, C-DSM directive, EU law, online platforms, intermediary liability, platform regulation, internet, technology, intellectual property

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JO - European Intellectual Property Review

JF - European Intellectual Property Review

IS - 3

ER -

The Recommendation on Measures to Safeguard Fundamental Rights and the Open Internet in the Framework of the EU Copyright Reform

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Keywords

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