The Recommendation on Measures to Safeguard Fundamental Rights and the Open Internet in the Framework of the EU Copyright Reform

I’m glad to share this Recommendation, which we have just published today.  It already has more than fifty signatories!

I hope it may help to reorient the policy choices within the EU Copyright Reform, particularly regarding the monitoring obligations that the current draft imposes on hosting service providers. A big thanks to Martin Senftleben for inviting me to participate in the drafting group.

Here’s the short abstract:

Article 13 of the Proposed EU Directive on Copyright in the Digital Single Market and the accompanying Recital 38 are amongst the most controversial parts of the European Commission’s copyright reform package. Several Members States (Belgium, the Czech Republic, Finland, Hungary, Ireland, the Netherlands and Germany) have submitted questions seeking clarification on aspects that are essential to the guarantee of fundamental rights in the EU and to the future of the Internet as an open communication medium. The following analysis discusses these questions in the light of the jurisprudence of the Court of Justice of the European Union. It offers guidelines and background information for the improvement of the proposed new legislation.

The Recommendation is available at http://ssrn.com/abstract=3054967