CJEU upholds Article 17, but not in the form (most) Member States imagined

Author: Felix Reda (GFF (Society for Civil Rights)) and Paul Keller (Institute for Information Law (IViR))
Published: 28.04.2022
Judge-rapporteur Marko Ilešic delivering the judgment in Case C-401/19 (Copyright European Union via Europe by Satellite – https://audiovisual.ec.europa.eu/en/copyright) Article 17 is here to stay, but most national implementations fail to meet the fundamental rights standards developed by the Court in its judgment. Tuesday’s long-awaited ruling in Case C-401/19 finally brings some clarity to the almost three-year-long discussion about the implementation of Article 17 of the Copyright in the Digital Single Market Directive (DSM Directive). The judgment comes almost a year and a half after the Court heard the parties to the case in November 2020. During this hearing three different…