Assignment Task
INTRODUCTION
The Directive on copyright in the Digital Single Market (hereinafter: DSM Directive)1 with its86 recitals and 32 articles constitutes a major regulatory overhaul of European copyright legislation in light of the “[r]apid technological developments continue to transform the way worksand other subject matter are created, produced, distributed and exploited.”2 It addresses abroad variety of issues ranging from certain exceptions and limitations such as text- and datamining, cross-border teaching activities and the preservation of cultural heritage, to licensingpractices in relation to out-of-commerce works. It also introduces a new ancillary right for presspublishers akin to previously introduced systems in, for example, Germany and Spain, addresses extended collective licensing and the remuneration of authors and performers. The focus of this article, however, regards “certain uses of protected content by online services”.Already 19 years ago, i.e. before the rise of tech giants and gatekeeper platforms like Facebook,YouTube, Twitter, and others, the European legislator wisely noted that “[i]n the digital environment, in particular, the services of intermediaries may increasingly be used by third partiesfor infringing activities.”3 The InfoSoc Directive’s recital continues that therefore “[i]n manycases such intermediaries are best placed to bring such infringing activities to an end.” TheDSM Directive establishes a novel regime for certain platforms and the use of copyright-protected content in Article 17. In essence, the core of this provision is not about substantivecopyright but rather the exploitation market for copyright-protected works.
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