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As  reported by The IPKat , earlier this week, like the European Parliament, also the Council adopted  the latest version  of the the Directive on copyright in the Digital Single Market (DSM Directive). One of the seemingly most complex -if nothing else, due to its length - provisions is what is now Article 17 (formerly, Article 13) of the DSM Directive, on "Use of protected content by online content-sharing service providers". The final text reads as follows: 1.  Member States shall provide that an online content-sharing service provider  [as defined in Article 2(6)]  performs an act of communication to the public or an act of making available to the public for the purposes of this Directive when it gives the public access to copyright-protected works or other protected subject matter uploaded by its users. An online content-sharing service provider shall therefore obtain an authorisation from the rightholders referred to in Article 3(1) and (2) o

DSM-fatigue also for  @CultureDoug 's Pushka As IPKat readers  know , a few days ago the European Parliament adopted  the latest   version  of the draft Directive on Copyright in the Digital Single Market ('DSM Directive'). In a few days' time, the Council will cast the last vote on it and, after that, it will be published on the EU Official Journal. Individual Member States will then have 24 months to transpose this new piece of EU legislation into their own laws. The IPKat is now running a DSM Directive Series  [previous episodes,  here  and  here ] , to address a number of points raised by the provisions contained in the directive.  Today I would like to address a provision, Article 14, that was not present in the original proposal, and was inserted quite late in the legislative process. It relates to "Works of visual art in the public domain": Member States shall provide that, when the term of protection of a work of visual art

The IPKat after the introduction  of the press publishers' right:  dream and ... As  reported  by The IPKat, last week the European Parliament approved the  latest version  of the  Directive on copyright in the Digital Single Market (DSM Directive) which, once approved one last time by EU Member States and published on the Official Journal, will officially come into effect and will then require transposition at the national level. Still last week, The IPKat launched a 'DSM Directive Series' of posts to comment on certain key aspects of this forthcoming piece of EU legislation. The first post of the series, "Do Member States have to transpose the value gap provision and does the YouTube referral matter?" is available  here . Today, I shall be focusing on a different provision, that is what is now Article 15 of the DSM Directive (formerly, Article 11) and the new press publishers' right envisaged therein. The wording of this new