Between compliance and control: German implementation of Article 17 of Directive on Copyright in the Digital Single Market and self-regulation of online content-sharing service providers

Guzel, S.G ORCID: 0000-0002-9216-8112 (2025) 'Between compliance and control: German implementation of Article 17 of Directive on Copyright in the Digital Single Market and self-regulation of online content-sharing service providers.' European Intellectual Property Review, 47 (1). pp. 9-25.

Text 17214.pdf - Accepted Version Restricted to Repository staff only until 1 January 2026.

Abstract

As a part of the Digital Single Market Strategy actions to make European Union copyright rules fit the digital age, The Directive on Copyright in the Digital Single Market was published in the official journal in 2019. However, Article 17 of this Directive, with its “best efforts” obligations, faced heavy criticism. In order to meet the requirements of this Article and avoid liability for copyright-infringing content, platforms need to use automated content recognition tools, also known as “upload filters.” These technologies often disproportionately interfere with users' freedom of expression. This is a significant issue that Member States should take into consideration when implementing the Article, particularly given the emphasis on effective safeguards for these systems in the Poland decision by the CJEU.

Item Type:	Article
UN SDGs:	Goal 9: Industry, Innovation and Infrastructure
Keywords:	copyright, digital content, EU law, freedom of expression, Germany, online intermediaries, user-generated content
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Divisions:	Bath Business School
Research Centres and Groups:	Centre for Cultural and Creative Industries (CCCI)
Date Deposited:	18 Sep 2025 09:38
Last Modified:	18 Sep 2025 09:38
ISSN:	0142-0461
URN:	https://researchspace.bathspa.ac.uk/id/eprint/17214

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