Having reported on the progress and music implications of Europe’s new Digital Services Act legislation, it’s time to plunge back into an old favourite. 2019’s European Copyright Directive and its Article 17 section on user-uploaded content services’ requirement to filter uploads for copyrighted material, to be specific. You know you’ve missed it!
The Court of Justice of the European Union – the EU’s top court – has dismissed an action brought by Poland against Article 17, which claimed that it infringed the rights of freedom of expression and information. You can read the full ruling here, but the gist is that the Court believes the legislation had sufficient checks and measures to ensure that it does not have a chilling effect on freedom of speech.
The music industry is happy about that. “The ruling confirms that Article 17 has all the necessary safeguards,” said Impala’s Helen Smith. “Improving the remuneration of creators and fostering freedom of expression are two fundamental objectives that actually support each other,” added a statement from ECSA.
The question now is whether this ruling will nudge things along for the number of EU member states who have yet to implement the legislation locally.