Commission unveils Article 17 Guidance: 3 highlights
Today, after several months of waiting and with the deadline for the national transposition of the DSM Directive being just a weekend away (it will be on Monday, 7 June), the European Commission has issued its Guidance on the application of Article 17 . Here are 3 key highlights: Article 17 not a sui generis right of communication to the public An actual sui generis Kat First, the Guidance takes a different view from the one provisionally expressed in September 2020. It states that Article 17 is lex specialis to the InfoSoc Directive , but also that the provision does not create a special/ sui generis right of communication to the public compared to the one already contained in Article 3 of the latter: Article 17 does not affect the concept of communication to the public or of making content available to the public elsewhere under Union law, nor does it affect the possible application of Article...