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ARTICLE · 24 JUNE 2021

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EU Copyright Directive: Commission Releases Article 17 Guidance

William Fry LLP
William Fry LLP
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William Fry LLP

William Fry LLP

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On 4 June, just one working day before the deadline for transposition of the Directive on Copyright in the Digital Single Market (EU) 2019/790) (Directive), the Commission released its long-awaited guidance document (Guidance) on the application of Article 17 of the Directive.

European UnionIntellectual Property
Colette Brady
Colette Brady
Laura Scott
Laura Scott
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Introduction

On 4 June, just one working day before the deadline for transposition of the Directive on Copyright in the Digital Single Market (EU) 2019/790) (Directive), the Commission released its long-awaited guidance document (Guidance) on the application of Article 17 of the Directive.

Background

One of the most controversial provisions in the Directive, Article 17 alters the existing content management and liability rules for online content-sharing service providers (OCSSPs). These are information society service providers who, as one of their main purposes, store and enable users to upload and share a large amount of copyright-protected content which the provider organises and promotes for the purpose of obtaining profit, such as YouTube.

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