On 15 December 2020, the European Commission submitted a proposal for a regulation on a single market for digital services (Digital Services Act, DSA) and amending Directive 2000/31/EC. The legislative project seeks to establish a robust and durable governance structure for the effective supervision of providers of intermediary services. To this end, the DSA sets out numerous due diligence obligations of intermediaries concerning any type of illegal information, including copyright-infringing content. Empirically, copyright law accounts for most content removal from online platforms, by an order of magnitude. Thus, copyright enforcement online is a major issue in the context of the DSA, and the DSA will be of utmost importance for the future of online copyright in the EU. Against this background, the European Copyright Society takes this opportunity to share its view on the relationship between the copyright acquis and the DSA, as well as further selected aspects of the DSA from a copyright perspective.
The European Commission consulted between December 5, 2013 and March 5, 2014 on a wide-ranging review of EU copyright rules.[2] This response by the CREATe Centre attempts to make two contributions: (1) the process of policy formation matters for the evolution of the EU legal framework, and so we offer a short critique of the consultation format; (2) we summarise available evidence in seven thematic areas where CREATe has developed or is developing research (term of protection, libraries and archives, disabilities, text and data mining, user-generated content, fair remuneration for authors and performers, and respect for rights). CREATe understands evidence here as empirically grounded, but open to historical and comparative approaches.
In: Senftleben , M , Margoni , T , Antal , D , Bodó , B , Gompel , S V , Handke , C , Kretschmer , M , Poort , J , Quintais , J & Schwemer , S F 2022 , ' Ensuring the Visibility and Accessibility of European Creative Content on the World Market : The Need for Copyright Data Improvement in the Light of New Technologies and the Opportunity Arising from Article 17 of the CDSM Directive ' , Journal of Intellectual Property, Information Technology and E-Commerce Law , vol. 13 , no. 1 , pp. 67-86 .
In the European Strategy for Data, the European Commission highlighted the EU's ambition "to acquire a leading role in the data economy." At the same time, the Commission conceded that the EU would have to "increase its pools of quality data available for use and re-use." In the creative indus- tries, this need for enhanced data quality and interoperability is particularly strong (section A). Without data improvement, unprecedented opportunities for monetising the wide variety of creative content in EU Member States and making this content available for new technologies, such as artificial intelligence ("AI") systems, will most probably be lost (section B). The problem has a worldwide dimension. While the US have already taken steps to provide an integrated data space for music as of 1 January 2021, the EU isfacing major obstacles not only in the field of mu- sic but also in other creative industry sectors (sec- tion C). Weighing costs and benefits (section D), there can be little doubt that new data improvement ini- tiatives and sufficient investment in a better copyright data infrastructure should play a central role in EU copyright policy. The work notification system following from Article 17(4)(b) of the Directive on Copyright in the Digital Single Market may offer an un- precedented opportunity to bundle and harmonize data in a shared EU copyright data repository (section E). In addition, a trade-off between data harmonisation and interoperability on the one hand, and transparency and accountability of content recommender systems on the other, may pave the way for new ini- tiatives (section F).
