10.5281/zenodo.569565
https://zenodo.org/records/569565
oai:zenodo.org:569565
Caso, Roberto
Roberto
Caso
University of Trento
Giovanella, Federica
Federica
Giovanella
University of Trento
Art. 13(1) of the © in DSM Directive: a comparative perspective
Zenodo
2017
Copyright
Copyright law
EU .aw
Proposed directive on copyright in the Digital Single Market
Content ID technologies
Content recognition technologies
Filtering
Art. 13(1)
Freedom of expression
Privacy
Data protection
Balancing of rights
EU fundamental rights
2017-04-27
Presentation
Creative Commons Attribution 4.0 International
This presentation illustrates the reasons that in the Nineties led the USA Digital Millennium Copyright Act's (DMCA) drafters to leave out of the Act a provision imposing content recognition technologies.
The drafters reached the conclusion that imposing such an obligation on providers would create a number of imbalances between the rights at stake and threaten the public interest.
We argue that despite the technological development, the same reasons still hold true today and that the European Union should resist imposing such obligations on providers. Hence, art. 13(1) of the Proposal for a Directive on Copyright in the Digital Single Market (DSM Directive) should be delated.
Finally, we maintain that in case of enactment of the current text, the Court of Justice of the EU could still help in re-balancing the rights at stake and serving the public interest that art. 13(1) would threaten.