Comment of the European Copyright Society Addressing Selected Aspects of the Implementation of Articles 3 to 7 of Directive (EU) 2019/790 on Copyright in the Digital Single Market

This paper addresses a few selected aspects of the implementation of the new mandatory exceptions of Arts. 3 to 7 of the Directive on Copyright and Related Rights in the Digital Single Market (Directive (EU) 2019/790). These provisions consolidate a trend in EU law to further harmonise exceptions and limitations within the EU internal market, to ensure that copyright law operates in a manner that is compatible with fundamental rights and constitutional norms, including freedom of information and expression, freedom of arts and sciences, freedom to conduct a business, as well as fostering technological and economic development. In this context, we welcome the European legislature’s efforts to extend and update the existing regime of exceptions and limitations to promote cross-border uses and ensure that the system functions more effectively in today’s technological environment. However, while the introduction of the exceptions and limitations established under Arts. 3-6 represents an important step in the right direction, it remains a modest one. Member States will play a fundamental role in securing that the mandatory minimum level of freedom for users under these new exceptions and limitations becomes a reality and should refrain from imposing specific restrictive conditions at national level.