Copyright Harmonisation and DSM Directive Implementation

The implementation process of the Digital Single Market (DSM) Directive has started in Finland with the Ministry of Education and Culture’s government proposal draft for revision of the Finnish Copyright Act and Act on Electric Communications. The Ministry has asked for opinions, which are due 31th of October. The DSM Directive is said to be the most significant change in the EU copyright framework since the 2001 Copyright Directive. The EU’s objective is the modernization of EU copyright law and strengthening the position of rightholders. However, the Directive has sparked some criticism concerning whether the goals will be achieved. On 15th of July 2021, The Advocate General gave an opinion addressing some of the concerns and stated that the removal of non-infringing content from user-generated content platforms, such as Youtube, should not be allowed and the Directive does not create a monitoring obligation for such platforms.

Link to DSM Directive: EUR-Lex – 32019L0790 – EN – EUR-Lex (europa.eu)