It introduces a new liability regime for "online content-sharing service providers" (OCSSP). These include most user-generated content platforms hosting copyright-protected content accessed daily by millions of individuals in the EU and across the globe. Even before the CDSM Directive is implemented into national law, the issues surrounding Article 17 have already spilled out to the policy and judicial arenas. At the policy level, the debates taking place in a number of Commission-led Stakeholder Dialogues have laid bare many of the unresolved challenges ahead for national legislators and courts. At the judicial level, the Polish government has filed an action for annulment with the CJEU under Article 263 TFEU.

To participate to this webinar :

João {{}} Pedro Quintais, University of Amsterdam, Institute for information LawAutomatische regelterugloop
Jan Bernd Nordemann, NORDEMANN law firm, Berlin ; Humboldt-University Berlin

João’s presentation will place Article 17 into its broader EU policy context of the discussion on the responsibilities of online platforms, explain the complex mechanics of Article 17 (the definition of “OCSSP", the nature of the right, the de minimis exceptions and the licensing mechanisms), identify some the main challenges it poses for national implementations (the need (?) for ex-ante safeguards, such as pre-flagging/restrictions on filtering vs the mere sufficiency of an ex-post complaint and redress mechanism) and briefly explain its potential interplay with the proposed Digital Services Act.

Jan’s presentation will focus on the implementation of Article 17 into German law, which will likely be finalized by Mai 2021. The German legislator plans to implement Article 17 into a separate statutory act (“Urheberrechts-Diensteanbieter-Gesetz”). It would faithfully implement the general rule of Article 17 : The liability of the OCSSP for illegal user uploads. But the German draft provides for some German peculiarities. One example is an exception from liability for the OCSSP in case of illegal uploads of mash-ups containing less than 50% of a third party work, if this work is used below a certain de minimis threshold (e.g. 15 seconds for films and music). There is even a must for the OCSSP to keep such mash-ups online until a complaint procedure is finished, unless the rightholder presses a “red button”.

Bio : João Pedro Quintais is Assistant Professor at the Institute for Information Law (IViR), University of Amsterdam. His research focuses on information law matters, including intellectual property, intermediary liability, content moderation, and the regulation of new technologies. Among other projects, he is currently leading a work package on "Copyright Content Moderation in the Digital Single Market : What Impact on Access to Culture ?", in the context of the Horizon 2020-funded project "ReCreating Europe". He will in 2021 start his NWO-VENI project on “Responsible Algorithms : How to Safeguard Freedom of Expression Online”. He is a member of the Blockchain & Society Policy Research Lab, the Information, Communication & the Data Society (ICDS) initiative, and co-managing editor of the Kluwer Copyright Blog.

Bio : Jan Bernd Nordemann is a German Certified Copyright and Media Lawyer, partner of the German intellectual property law firm NORDEMANN, Berlin office. He specializes in copyright, trademark, design, unfair competition, and anti-trust (competition) law. As in the last years, the JUVE Manual 2021/2022 again describes Nordemann as one of Germany’s leading copyright lawyers and “Legal 500 Deutschland“ as a copyright lawyer of especially high standing. Since 1999, Jan Bernd Nordemann lectures at the Humboldt University Berlin on copyright, trademark and unfair competition law and was awarded an honorary professorship. Prof. Nordemann is one of the editors of “Fromm/Nordemann, Commentary on German Copyright Law “ (2018) and a co-author of “Loewenheim, Handbook on German Copyright Law” (2021). He is also listed as a contributor to the “Kluwer Copyright Blog”. For the European Parliament, he has written a study on the “Responsibilities and duties of care of providers of Digital Services” (2020). Nordemann is very interested in law and new technologies ; he has co-authored a study for the European Commission on “The Intellectual Property implications of the development of industrial 3D printing” and has acted as chair of the AIPPI Study Committee, which authored the AIPPI Resolution “Copyright in artificially generated works”. Please see here for a more detailed biography :