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7 June 2021CopyrightMuireann Bolger

Deadline passes for EU’s new copyright rules

New EU copyright rules will start to apply from today, June 7, as member states are now legally obliged to transpose the rules into national law.

The EU Commission has confirmed that member states must meet the deadline for implementing the Copyright Directive and the Directive on television and radio programmes, and need to notify the Commission of their laws transposing them. The Commission will then analyse the texts after the notification to verify them.

In September 2016, the European Commission proposed modernising EU copyright rules as part of the Digital Single Market, ensuring they are fit for the digital age.

The two directives entered into force in June 2019. According to the EU, the new rules will stimulate the creation and dissemination of more high-value content, while safeguarding freedom of expression and other fundamental rights.

Commenting on the new rules, Margrethe Vestager, executive vice-president for a Europe fit for the digital age, said: “The Copyright Directive and the directive on television and radio programmes will allow for more content to be available across the EU.

“Creators will get a fair remuneration for their work and users can rely on clear rules protecting the freedom of speech. With the national transposition of both directives, everyone will benefit from new opportunities, so we can fully enjoy the best of the internet and the TV and radio programmes.”

The directive also includes guarantees to fully protect the EU citizens’ freedom of expression online, who will be allowed to legitimately share their content. The rules also create opportunities for using copyright-protected material online and across borders for education, research and preservation of cultural heritage purposes.

On June 4, the Commission published guidance on Article 17 of the new directive. The article provides that online content-sharing service providers need to obtain an authorisation from rights owners for the content uploaded on their website. If no authorisation is granted, they need to take steps to avoid unauthorised uploads.

The guidance was issued following consultation with stakeholders and aims to support member states in implementing the new rules on the use of protected content by online content-sharing service providers.

Thierry Breton, commissioner for the internal market, added: “With the new copyright rules, Europe has set a standard for the use of creative content online. The new rules ensure that creators are fairly remunerated in the digital space, while protecting freedom of expression, a core value in our democracies. It shows our determination to ensure what is illegal offline, is also illegal online. In particular, the guidance on Article 17 will help to foster the licensing market for the benefit of creators and also of users, who will benefit from increased legal certainty when uploading their content online.”

The new rules set by the second piece of legislation, the directive on television and radio programmes, are designed to ensure that EU citizens can get access to a wider choice of programmes online and across borders.

According to the EU, this will make it easier for broadcasters to make certain programmes available on their live TV or catch-up services in all member states while ensuring that creators are adequately paid for the use of their content.

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