The Challenge to Article 17 CDSM, an opportunity to establish a future fundamental rights-compliant liability regime for online platforms

EU's 27 Member States have struggled with transposing the Directive on Copyright in a Digital Single Market. This is the case in particular with regard to the implementation of Article 17, the most contested and debated provision of the CDSM Directive, which significantly reshapes the rules for the liability of platforms for uploads by their users. Article 17 is subject to a pending action for annulment initiated by the Polish government, arguing its incompatibility with fundamental rights to freedom of expression and information.  Read more at the Kluwer Copyright Blog.