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.
The 43rd session of the WIPO Standing Committee on Copyright and Related Rights (hereinafter SCCR) made substantial progress on the issues advocated by the A2K Coalition (Access to Knowledge Coalition), which IPI is a member of. This year’s session was the most productive on the issues of exceptions and limitations. James Love (Knowledge Ecology International), a long-time observer at WIPO, described the outcome and the impact of the public interest community as the strongest since the conclusion of the Marrakech Treaty, which brought global copyright exceptions for the benefit of the blind and visually impaired.
Today, March 17, 2023, a symposium on law in the information society is taking place in the golden lecture hall of the Faculty of Law in Ljubljana. Dr. Maja Bogataj Jančič will present copyright aspects of artificial intelligence at the symposium.
The third day of the 43rd session of the WIPO Standing Committee on Copyright and Related Rights is intended for discussion on the topic of exceptions and limitations to copyright, especially in connection with the right to research.
The 43rd session of the WIPO Standing Committee on Copyright and Related Rights (SCCR/43) is being held in Geneva from March 13 to 17, 2023. The Intellectual Property Institute has a permanent observer status at WIPO since 2022 and is also a member of the Access to Knowledge Coalition (A2K coalition).