Is there a tension between the DSM Directive and existing European law? Article 17 of the DSM Directive has sparked a lively public debate even outside of copyright law: many Internet users fear serious interference with the freedom of the Internet, while authors want to better enforce their rights on platforms. But the issue is not only politically highly explosive.
The Ministry of Justice has just published its first discussion draft for implementation, which our partners Dr. Julian Waiblinger and Prof. Dr. Jan Bernd Nordemann have taken a closer look at. In the June issue of the magazine GRUR, the leading German journal in copyright law, they had already published an article on the tension between Article 17 DSMCD and the current law, which is now also available in English on ssrn (https://bit.ly/2Wj0kOo).
Further they have now also published an article in the Kluwer Copyright Blog (https://bit.ly/2Ba050Q).