As already indicated here in July 2019, the Directive on copyright and related rights in the Digital Single Market1 (the "New Copyright Directive") was finally adopted on 17 April 2019 after months of negotiation.
While the European Commission describes the New Copyright Directive as the "right balance between the interests of all players – users, creators, authors, press – while putting in place proportionate obligations on online platforms"2, some Member States – among which is Luxembourg – have disapproved the proposed text of the New Copyright Directive and have considered that it is "a step back for the Digital Single Market rather than a step forward 3". Those Member States have in particular denounced the lack of legal clarity of the New Copyright Directive.
Please note that Member States shall transpose the New Copyright Directive into their national legislation by 7 June 2021. It is likely that further discussions will start within the Member States at the time of transposition of the New Copyright Directive.
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Footnotes
1. Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
2. European Commission – Statement, 26 March 2019, Statement 19/1839
3. Council of the European Union, Joint statement by the Netherlands, Luxembourg, Poland, Italy and Finland, 15 April 2019, 7986/19 ADD 1 REV 2 (interinstitutional File: 2016/0280(COD))
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