The German Act to adapt copyright law to the requirements of the Digital Single Market will enter into force on 7 June 2021 – as the first national transposition of the Digital Single.
[co-author: Nils Peters]
While further clarity on the Copyright in the Digital Single Market Directive (“DSM Directive”) can be expected at the European level in the next two weeks with the guidelines of the EU Commission on Art. 17 of the DSM Directive and the opinion of Advocate General Saugmandsgaard Øe on the compatibility of Art.17 of the DSM Directive with EU law, the German draft of the implementation law continues to cause discussion. Rights holders have already indicated that they will file a constitutional complaint if the current draft is adopted.
Almost two years after the adoption of the DSM Directive, the most controversial article of the Directive, Article 17, continues to cause a stir - both at national and European level (see e.g. our latest posts here and here).