Tuesday, 21 May 2019

DSM Directive is now Directive 2019/790 and Member States will need to transpose it by 7 June 2021

At last the Directive on copyright in the Digital Single Market [see IPKat DSM Directive Series hereherehere, and here so far] has been published on the Official Journal of the European Union: it is now Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC [see here for all the language versions].

Trivia: this new piece of EU legislation is not the longest piece of legislation within the EU copyright acquis.

The Enforcement Directive (or IPRED) is in fact longer (42 pages) than the DSM Directive (34 pages). However, it seems fair to say that the DSM Directive is the longest piece of EU legislation ever adopted relating exclusively to copyright.

Here's a table I have made which lists the various lengths of the directives and regulations that compose the EU copyright acquis, ordered from the shortest to the longest one:


EU legislation
No of pages in the OJ
Directive on the resale right for the benefit of the author of an original work of art ("Resale Right Directive"), 27 September 2001
5
Directive on the term of protection of copyright and certain related rights amending the previous 2006 Directive (“Term Directive”), 27 September 2011
5
Regulation on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled (Regulation implementing the Marrakech Treaty in the EU), 13 September 2017
5
Directive on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission ("Satellite and Cable Directive"), 27 September 1993
7
Directive on the legal protection of computer programs (“Software Directive”), 23 April 2009
7
Directive on rental right and lending right and on certain rights related to copyright in the field of intellectual property ("Rental and Lending Directive"), 12 December 2006
8
Directive on certain permitted uses of orphan works (“Orphan Works Directive”), 25 October 2012
8
Directive on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled (Directive implementing the Marrakech Treaty in the EU), 13 September 2017
8
Directive on the legal protection of databases (“Database Directive”), 11 March 1996
9
Directive on the harmonisation of certain aspects of copyright and related rights in the information society ("InfoSoc Directive"), 22 May 2001
10
Directive 2019/789 laying down rules on the exercise of copyright and related rights applicable   to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC (“New SatCab Directive”), 17 April 2019
10
Regulation on cross-border portability of online content services in the internal market ("Portability Regulation"), 14 June 2017
11
Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (“CRM Directive”), 26 February 2014
27
Directive 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (“DSM Directive”), 17 April 2019

34
Directive on the enforcement of intellectual property right (“IPRED”), 29 April 2004
42

What happens now? The DSM Directive will enter into force 20 days after its publication on the Official Journal, that is on Friday, 7 June 2019 (see Article 31).

After this, Member States will have 24 months, ie until 7 June 2021, to transpose this new piece of EU legislation into their own laws (see Article 29). While some Member States, eg France, appear committed to a swift transposition of the directive, for others things might end up being a bit less smooth ...

[Originally published on The IPKat on 19 May 2019]

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