Five considerations for the transposition and application of Article 17 of the DSM Directive

Eleonora Rosati is Professor of Intellectual Property Law and Director of the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University and Editor of the Journal of Intellectual Property Law & Practice. This article Directive 2019/790 on copyright in the Digital Single Market was adopted in 2019. Member States have until 7 June 2021 to transpose its provisions into their own national laws. Of the various provisions which are part of the directive, Article 17 has been and remains one of the most intensively and intensely discussed ones. This brief commentary takes position in respect of five key points concerning the transposition and application of Article 17: (i) the nature of its...