Copyright enforcement online : does Article 17 of the EU Copyright Directive achieve a fair balance of the interests of users, platform operators and content owners?

Abstract

Copyright is a rudimentary legal instrument aimed at safeguarding an author’s rights against exploitation and infringement. Copyright law was established with the aim of acting as an encouragement to authors. Moreover, legislation pertaining to Copyright further aims at providing right holders with fair remuneration and adequate protection. Technology has advanced at an accelerated rate; hence the EU noted a need for a modern framework adequate for the digital era. The Directive on Copyright in the Digital Single Market was thus established with the aim of acting as an accessory to prior established legislation, whilst baring inclusivity to the digital space. At its core this dissertation provides a critical analysis of the new Directive with specific reference given to Article 17. Through the research carried out, the author examines the implications brought along through the introduction of the novel Directive on Copyright. Furthermore, the author objectively explores the newly implemented Directive enquiring whether such strikes a fair balance between platform owners, content creators and users. Additionally, throughout this dissertation the author also examines the harsh criticism reported whilst the Directive was still in its lobbying and drafting phase. Opposition to Article 17 of the abovementioned Directive include claims that the provision infringes on the fundamental human rights such as the freedom of expression, over censorship of the internet which ultimately will potentially change the internet as it is presently known. The criticism displayed is also opined by platform operators who argue that the requirement for licensing and the introduction of direct liability will lead to upload filters employed in order to avoid litigation. Although right holders deserve adequate remuneration for their works, this dissertation argues that Article 17 imposes obligations which may lead to repercussions deemed problematic.