The Liability system of Art. 17 DSMD and national implementation – contravening prohibition of general monitoring duties?

Abstract

JIPITEC 10 (2020) 3 - The article deals with the complex liability system of Art. 17 DSM Directive, the famous “upload filter provision” in copyright law concerning content sharing platforms. The conflict between the prohibition of general monitoring obligations for platform providers derived from European fundamental rights by the CJEU and the obligations of providers are scrutinized. Moreover, possible options for national legislators in order to safeguard fundamental rights of users concerning freedom of speech (and copyright limitations) are discussed.

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