Act on Copyright Content Sharing Service Providers

The Urheberrechts-Diensteanbieter-Gesetz (UrhDaG) is the German implementation of the controversial Art. 17 Directive 2019/790 (Copyright in the Digital Single Market, DSDM). Germany has decided against a minimum effort implementation and resisted the temptation to just incorporate the wording of the Directive more or less literally into the German Copyright Act (UrhG). Instead, it has opted for a comprehensive implementation in a stand-alone act, including:

• an extensive definition of an OCSSP with a safe-harbour clause for excluded service providers
• a detailed provision specifying the obligation to acquire contractual rights of use
• several provisions on direct remuneration for authors, performers and photographers
• very detailed provisions balancing between the obligation to preventively block copyright infringing material and the users' rights to freedom of expression and information which more or less anticipated (and likely influenced) the CJEU's decision Poland/Parliament and Council, including a section on uses presumably authorised by law
• a redress system consisting of complaints procedures and an alternative dispute resolution mechanism
• detailed obligations for measures against abuse
• rights of information for rightholders and for the purpose of scientific research

The commentary of each article is headed by the current version of the article both in the German original and an English translation followed by a clearly and uniformly structured analysis of the provision including the extensive (academic) discussion that accompanied the implementation procedure. The interplay of the UrhDaG with the German Copyright Act is addressed as well as the respective requirements of the DSMD. The impact of the CJEU's first decision on Art. 17 DSDM (Poland/Parliament and Council) is discussed in the relevant provisions.

As Art. 17 DSDM has been implemented very heterogeneously in the Member States, further decisions of the CJEU are to be expected. The detailed German implementation might serve as a reference and source of inspiration for the further specification of Art. 17 DSDM.

The commentary aims to meet the expectations both of German and foreign lawyers interested in platform regulation and copyright by providing a detailed explanation both of the German implementation and, by that, of Art. 17 DSMD.

The Advantages at a Glance

• Article-by-Article Commentary
• in English language
• clearly and uniformly structured analysis of each provision