Guidelines for the Implementation of the DSM Directive

Yesterday Communia released the guidelines for implementation of the Directive on copyright and related rights in the digital single market (DSM directive). These guidelines explain different provisions of the new DSM Directive and make suggestions on what to advocate for during the implementation process of those provisions in the EU Member States.

Communia’s Guidelines are aimed at local advocates and national policy makers, and have the general objective of expanding and strengthening user rights at a national level beyond what is strictly prescribed by the new Directive.

Communia partnered with LIBER (Articles 3 and 4), dr. Maja Bogataj Jančič, head of IPI, IFLA (Article 6) and Europeana (Articles 8 to 11) for the creation of these guidelines. The guidelines are part of a wider implementation project of COMMUNIA and its members Centrum Cyfrowe and Wikimedia, which includes a range of activities (including our transposition bootcamp) to make sure that local communities in as many Member States as possible participate in their national legislative processes.

The two and a half years of public discussions of the new DSM Directive were largely centred on a small number of problematic clauses (the press publishers right and the upload filters). However, the DSM Directive also includes a number of provisions that improve the existing EU copyright rules (a number of new copyright exceptions and protections for the public domain).

While the national implementations will have to include all the problematic aspects of the new Copyright Directive, there is some room for meaningful improvements, and some measures can be taken to mitigate the worst provisions of the DSM Directive. The EU Member States have until 7 June 2021 to implement the DSM Directive into their national laws.