Copyright in the Digital Single Market - Exploring Article 17

Introduction

When the Internet was first created, legislators on both sides of the Atlantic were persuaded that the development and roll out of this phenomenon which was poised then to change all business and social life globally, would be constrained if the various new online content providers (‘the ISPS’) were not first given some immunity from suit for whatever infringing content might be posted or downloaded by the Internet’s users.

Across the European Union, this immunity was enshrined in such legislation as the Information Services Directive 2000/31 (‘ISD’), most notably Article 14 of ISD.

Moving on two decades and seeing how restraints on those tools available to copyright owners for tackling the misuse via the Internet, are quite ineffectual, legislators have started to question the assumption of giving such a broad immunity to the ISPs, many of whom have grown by now to become the likes of You Tube and other colossal household names.

The CDSM and in particular Article 17, aims to address the balance of power by placing specific obligations on the ISPs to exercise greater responsibility for any content downloaded by their users.

This new virtual classroom seminar will explain the consequence of Article 17 to the immunity regime and will provide practical advice on how ISPs may best comply with the changes and what greater rights copyright owners may now employ for tackling misuse.

Article 17 has proved highly controversial with many commentators stating that these provisions in the CDSM amount to an attack on free speech and will constrain the development of the Internet.

Conversely, others, in particular copyright owners with limited means, assert that the provisions of Article 17 do not go far enough to protect their rights.

What You Will Learn

This live and interactive session will cover the following:

• Nature of the Article 17 provisions introduced by the CDSM
• Background to the controversary surrounding Article 17
• The extent of implementation across the EU
• The enhanced rights of copyright owners under Article 17
• The likely reaction of the ISPs
• Practical advice on how to comply with Article 17

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.