Comments on Article 13 and related provisions in the JURI Committee Report for a Directive on Copyright in the Digital Single Market

Adj. Prof. Dr Silke von LewinskiIn the run-up to the Plenary vote of the European Parliament in June and again currently, some academics and other voices have criticized the JURI Committee Report especially on Article 13 of the Proposal for a Directive on Copyright in the Digital Single Market. Among others, they purport that these proposals would contravene the acquis communautaire on the exclusive right of communication to the public/making available and on the liability exemptions of the E-commerce Directive. This article aims at examining such claims on the basis of an analysis of current EU law. In particular, it discusses whether the proposed text represents a departure from EU law regarding Art. 3 InfoSoc Directive and Art. 14 E-commerce Directive. In summary, this article concludes that a careful analysis of the JURI Committee Report shows that the proposed Art. 13 is fully compatible with the relevant EU law and CJEU case law, and in particular that: The proposed Art.…

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