Implementation of Article 17 of the DSM Directive has already entered into force in Germany
In the process of implementing the DSM Directive, the German Justice Ministry presented multiple draft versions of the implementation law based on several rounds of public consultation. Thereupon, on 19 of May, 2021, the German Bundestag adopted the law (Urheberrechts-Diensteanbieter-Gesetz, “UrhDaG”), implementing the provisions of the DSM directive into German law, about which IPI has already reported. UrhDaG has entered into force on 1 of August, 2021. In regards to the implementation of Article 17, Germany was the first Member State to present a system of ex-ante user rights safeguards. As of 28 May 2021, Germany has also fully implemented the remaining provisions of the DSM Directive, which entered into force on 7 June.
Germany has introduced ex-ante user rights safeguards against the blocking of uses under copyright exceptions through the concept of “presumably authorized uses”. German implementation also determines ex-post measures in certain cases against misuse, which are intended to discourage false copyright claims.
You can read UrhDaG in german language here.
On January 5, 2022, the Ministry of Economic Development and Technology (MGRT), together with the Intellectual Property Office (URSIL), organized an online consultation. Representatives of URSIL and MGRT first presented to the interested professional public the planned substantive changes to the main solutions of the amended Proposal on Amendments to the Copyright and Related Rights Act (ZASP-I) and the amended Proposal on Amendments to the Collective Management of Copyright and Related Rights Act (ZKUASP-A). Many participants argued that the competent drafter did not provide the interested parties with the amended draft proposals before the discussion, but instead provided all the registered participants only with a meager slide presentation, which was misleading in some places.
OERcamp.global 2021: Presenting the study Remote education during the pandemic – Teacher’s perspective
On December 10th, 2021, at 8.00, at the OERcamp.global 2021, which is a 48-hour conference with practitioners, activists, scientists, nOERds and novices from around the globe, the pre-recorded session of Remote education during the pandemic, Teacher’s perspective will be played. After the played recording, dr. Maja Bogataj Jančič, LL.M., LL.M., Anahita Rezaei (Centrum Cyfrowe) and Teresa Nobre (Communia) will be available to answer the questions. Welcome!
On December 9th, 2021, Career Centers at University of Ljubljana are organizing an online event “Copyright law and Copyrights”, where dr. Maja Bogataj Jančič, LL.M., LL.M will lecture. The lecture will relate to the topic of copyright law and copyrights, and will first guide listeners through the history of copyright, through the philosophical justification of copyright to the current regulation of copyright in Slovenia. Welcome to join us!
On 23rd of November, 2021, the European Commission has published two reports in the field of copyright, as required by Directives 2014/26/EU (CRM Directive) and 2019/790 (DSM Directive). They are supported by two studies: Study on emerging issues on collective licensing management in the digital environment, and Study on selected issues relating to the application of the CRM Directive.