Implementation of Article 17 in the Directive on Copyright in the Digital Single Market

Louise Sk√łt Hollesen

Student thesis: Master thesis

Abstract

On June 6th, 2019, the Directive on Copyright in the Digital Single Market came into force after heavy discussion and opposition from major tech companies and some human rights advocates. The Directive, and particularly the debated article 17, seeks to protect and compensate the rightholders of copyrighted content online. Critics argue that it will force online content-sharing service providers to install automated up-load filters that could put freedom of speech at risk.
The purpose of this thesis is to explore the different options for implementation of article 17 of the Directive, and to make an evaluation based on the results in the economic analysis to be able to recommend the most effective way of implementing the article into national law.
Chapter two of the thesis presents a legal analysis of the new Directive by first exploring the options for online content-sharing service providers to implement the new rules, and then the options for the member states. Thereafter, a comparative analysis is conducted of the American Digital Millennium Copyright Act regulation in regards to notice and takedown procedures.
In chapter three, a cost-benefit analysis will be conducted based on theories regarding the digital economy, two-sided markets, and eWOM. The cost-benefit analysis seeks to explore which of the options found in chapter two would lead to the most Kaldor-Hicks efficient solution.
The interdisciplinary analysis uses the combined results of both the legal and economic analyses to do a legal policy analysis to find out which of the options for implementation are best from a societal point of view. Based on the results, the thesis concludes that licensing agreements are most efficient, but will not always be applicable, and therefore also notice and takedown procedures should be implemented. The the-sis also offers insight into how the member states could support the implementation for the service providers most effectively.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2020
Number of pages84
SupervisorsVishv Priya Kohli