Directive on Copyright in the Digital Single Market and freedom of expression: the EU’s online dilemma

Guzel, S.G ORCID: 0000-0002-9216-8112 (2021) 'Directive on Copyright in the Digital Single Market and freedom of expression: the EU’s online dilemma.' In: Synodinou, T.E, Jougleux, P, Markou, C and Prastitou-Merdi, T, eds. EU Internet law in the digital single market. Springer, Cham, pp. 205-229. ISBN 9783030695828

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Abstract

This chapter focuses on one of the most heavily disputed legislative acts in the EU history, the Directive on Copyright in the Digital Single Market. When it comes to the online enforcement of the IP rights, it is essential to strike the fair balance between fundamental rights in the Charter of Fundamental Rights of the European Union, in particular, the freedom of expression, and the right to property, including intellectual property. Thus, this will paper will investigate the negative outcomes of Article 17 by examining the incompatibilities of content recognition and filtering technologies with the freedom of expression under Article 10 of Charter. Also, it will critically examine the safeguards introduced by the CDSM Directive against Article 17’s obligations and suggest a number of necessary safeguards. This paper is based on the in-depth analysis of primary sources like EU legislation: Article 17 of the CDSM Directive with its Recitals 61 and 70; Article 15 of the E-Commerce Directive with its Recitals 47 and 48, Recital 59 and Articles 8 and 15 of The InfoSoc Directive; Article 11 and Article 52 of the EU Charter of Fundamental rights; Article10 of the European Convention on Human Rights (ECHR); and relevant case law of the CJEU and ECtHR, along with recent academic sources.

Item Type:	Book Chapter or Section
UN SDGs:	Goal 9: Industry, Innovation and Infrastructure
Divisions:	Bath Business School
Date Deposited:	13 Nov 2023 16:45
Last Modified:	07 Jun 2024 05:30
URI / Page ID:	https://researchspace.bathspa.ac.uk/id/eprint/15826

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