Battle resumes – the Copyright Directive is back

The Directive on Copyright in the Digital Single Market (the “Directive”) is back. The issues with the Directive were described in our September 2018 briefing The Copyright Directive – The EU Battles the Internet. Article 13, on the liability of platforms that make content available to the public, has been redrafted in trialogue discussions. It has done little to address concerns about freedom of expression, monitoring of communications and costs to smaller operators. Substantive concerns raised in respect of earlier versions of the Directive have not been resolved and may even have been exacerbated. It develops the law in a way that would increase legal uncertainty and cause the risk of variable implementation and enforcement across member states to be high. Parliament will likely vote on whether to accept or reject the new text later this month.

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