Liability of Internet Intermediaries for Copyright Infringement in the EU

Digital copyright has been an ever-evolving field codified by several legislative acts and directives since the emergence of content in digital format in the late 90s. This paper dwells on the latest developments of the subject in the European Union, with particular attention given to Directive 2019/790 on copyright and related rights in the Digital Single Market (referred in this study as CDSM Directive) and its most controversial provision- Article 17. The analysis begins in the first chapter with an historical overview of digital copyright starting with the implementation of the American Digital Millennium Copyright Act in 1998 and the most relevant case law linked to it and continues with the study of European legislative acts such as the InfoSoc Directive 2001/29 and the E-Commerce Directive 2000/31. The paper then focuses on how the CDSM Directive and its Article 17 came to be- from the drafting phase in which it was referred to as Article 13 to the turbulent negotiation process- and on the rationale behind the Directive- which was primarily to aim solve issues related to digital copyright such as the value gap and the implementation of automated monitoring systems. The second chapter contains an in-depth analysis of Article 17 in which every paragraph of the provision is singularly dissected and explained. The chapter focuses particularly on the new liability system imposed on online service providers, on its main flaws and on the repercussions the novel regime had on the subject of copyright protection of online content. The third chapter concludes the analysis by examining the effects of the provision on both the public and governments, with a study on how Member States of the EU implemented Article 17 into their respective national legislations. Finally, some potential adjustments to the article are suggested, through which the issues and controversies caused by it could potentially be resolved and the regulation be improved. The sources from which the information included in the paper was drawn include the American and European copyright legislation cited above, CJEU and US courts case law relevant to the subject along with articles, publications and research papers of academics that examined and expanded on the theme.