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The Act on Copyright Content Sharing Service Providers (UrhDaG) is the German transposition of the controversial Art. 17 Directive (EU) 2019/790 (DSMD). Instead of a minimum effort copy-paste implementation into the German Copyright Act (UrhG), the German legislator opted for a comprehensive stand-alone act with extensive provisions on, e.g.
- an OCSSP with a safe-harbour clause for excluded service providers
- the obligation to acquire contractual rights of use
- direct remuneration for authors, performers, and photographers
This article-by-article commentary offers a clearly and uniformly structured analysis of the provisions, shows the extensive discussions that accompanied the implementation procedure, and addresses the interplay of the UrhDaG with the UrhG and the respective requirements of the DSMD.
Benjamin Raue is a Professor of Private Law, Digital and IP Law at Trier University.
Louisa Specht-Riemenschneider is a Professor of Private Law, Data Economy Law, Data Protection Law, Law of Digitalisation and AI Law at the University of Bonn.
List of contents
The Act on Copyright Content Sharing Service Providers (UrhDaG) is the German transposition of the controversial Art. 17 Directive (EU) 2019/790 (DSMD). Instead of a minimum effort copy-paste implementation into the German Copyright Act (UrhG), the German legislator opted for a comprehensive stand-alone act with extensive provisions on, e.g.
- an OCSSP with a safe-harbour clause for excluded service providers
- the obligation to acquire contractual rights of use
- direct remuneration for authors, performers, and photographers
This article-by-article commentary offers a clearly and uniformly structured analysis of the provisions, shows the extensive discussions that accompanied the implementation procedure, and addresses the interplay of the UrhDaG with the UrhG and the respective requirements of the DSMD.
Benjamin Raue is a Professor of Private Law, Digital and IP Law at Trier University.
Louisa Specht-Riemenschneider is a Professor of Private Law, Data Economy Law, Data Protection Law, Law of Digitalisation and AI Law at the University of Bonn.
Summary
The Book
The Act on Copyright Content Sharing Service Providers (UrhDaG) is the German implementation of the controversial Art. 17 Directive 2019/790 (DSMD). Instead of a minimum effort copy-paste implementation into the German Copyright Act (UrhG), the German legislator opted for a comprehensive implementation in a stand-alone act with extensive provisions on, e.g. including:an OCSSP with a safe-harbour clause for excluded service providersthe obligation to acquire contractual rights of usedirect remuneration for authors, performers and photographersa redress system consisting of complaints procedures and an alternative dispute resolution mechanismThe commentary of each article is headed by the current version of the article both in the German original and an English translation followed by a clearly and uniformly structured analysis of the provision including the extensive (academic) discussion that accompanied the implementation procedure. The interplay of the legislation with the German Copyright Act is addressed as well as the respective requirements of the DSMD.
The Advantages at a GlanceArticle-by-Article Commentaryin English languageclear and uniformly structured analysis of each provision
The Target Group
For German and foreign Copyright lawyers.
