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.
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