An Overview of the Digital Single Market Directive

An Overview of the Digital Single Market Directive 2 Years On What Lies Ahead for EU Copyright Law Eleonora Rosati 8 April 2021

Contents • Where we come from • Where we are going

Where we come from

A timeline of events 6 May 2015 Digital Single Market Strategy (European Commission) 14 September 2016 Directive proposal (European Commission) 17 April 2019 Directive adopted (European Parliament and Council) 24 May 2019 Poland brings action before CJEU, seeking annulment of Article 17 (C-401/19) 7 June 2019 Directive enters into force 15 October 2019 – 10 February 2020 Stakeholder dialogue re application of Article 17 (European Commission) 26 November 2019 Hearing in C-682/18 and C-683/18 March 2020 COVID-19 lockdowns 16 July 2020 AG Opinion in C-682/18 and C-683/18 27 July – 10 September 2020 Targeted consultation on Article 17 (European Commission) 31 December 2020 End of Brexit transitional period April 2021 (? ) European Commission Article 17 Guidance 22 April 2021 AG Opinion in C-401/19 May 2021 (? ) CJEU decision in C-682/18 and C-683/18 7 June 2021 National transpositions’ deadline Q 3 2021 (? ) CJEU decision in C-401/19

Where we are

Source: Communia

Where we are going or: do things ever get easier?

• Multiple rationales (1) guarantee a high level of protection (2) streamline rights clearance (3) create a level playing field for the exploitation of protected content (4) remedy interpretative uncertainties (5) guarantee a well-functioning and fair marketplace for protected content • The story of the Directive before its adoption is a complex one, but so is the story after its adoption • Will the puzzle ever be complete? • Litigation and CJEU referrals • New legislation and initiatives, including outside the EU

Thank you for your attention! eleonora. rosati@juridicum. su. se @e. LAWnora