The Recommendation on Measures to Safeguard Fundamental Rights and the Open Internet in the Framework of the EU Copyright Reform

摘要

Article 13 of the Proposed Directive on Copyright in the Digital Single Market (DSMD) and the accompanying Recital 38 are amongst the most controversial parts of the European Commission's copyright reform package. Several Members States (Belgium, the Czech Republic, Finland, Hungary, Ireland, the Netherlands and Germany) have submitted questions seeking clarification on aspects that are essential to the guarantee of fundamental rights in the EU and to the future of the Internet as an open communication medium. The following recommendation urges European lawmakers—the Council and the Parliament alike—to consider these questions seriously. In the light of the jurisprudence of the Court of Justice, it offers guidelines and background information with regard to the issues raised by the Member States: the compatibility of the proposed new legislation with the Charter of Fundamental Rights, the relation with the safe harbour provisions in arts 14 and 15 of the E-Commerce Directive, the relation with the concept of communication to the public in art.3 of the Information Society Directive and the objective to compensate authors and performers for the use of their works and performances.