Five considerations for the transposition and application of Article 17 of the DSM Directive
Merpel's favourite platforms Nearly two years have passed since the adoption of the Directive on copyright in the Digital Single Market 2019/790 (DSM Directive) . As it was probably bound to happen, the discussion of its content – notably of its Article 17 – is no less heated now than in 2016-2019, that is the period between the release of the Commission’s original Proposal and the adoption of this piece of EU copyright legislation. Member States have until 7 June 2021 to transpose the Directive into their own laws, though delays are likely to occur due to a number of reasons. Besides the disruption caused by the ongoing COVID pandemic, the publication of the Commissions’ Guidance on the application of Article 17 (see Article 17(10)) has been also postponed to a later time than originally expected. In the meantime, different positions have emerged regarding the interpretation and application of this important and complex provision, with contributions made by interest g...