“No General Third Party Effect!” – Comment by Dr. Martin Schaefer on the DSM Directive on the CCC portal

The EU Directive on the “Digital Single Market” (DMS) must be transposed into German law by the beginning of June 2021. The subject of the controversial directive is copyright law in the digital single market and thus a whole bundle of legislative issues ranging from text and data mining to the preservation of cultural heritage and copyright contract law. 

Special focus is given to Article 17 of the DMS Directive and thus the role of Online Content Sharing Service Providers (OCSSP) – providers of online services for user-generated content such as YouTube, Facebook, Instagram and Co.

For the general public, the Directive is linked to the debate about the so-called “upload filter”, which is nothing more than the routine known for many years as “notice and stay-down” and which has been practiced without any problems. But it also raises licensing issues: Who needs a licence in connection with such user-generated content and who does not? 

In his blog article “No General Third Party Effect!” on the portal of the company “Copyright Clearance Center” BOEHMERT & BOEHMERT attorney Dr. Martin Schaefer provides answers  and refers to old familiar structures which continue to exist unchanged in the new environment.

Read the complete article here! 

About CCC
The Copyright Clearance Center (CCC) is, according to own statements, a world leader in voluntary collective licensing and a promoter of copyright law. For more than 40 years, the company has been setting standards with its products and services for an efficient global market of exploitation rights and licensing solutions.