A New Global Copyright Order? The EU Directive in a Global Context (Part 1)

Season 1 Episode 15

In this episode, two of the foremost experts in European copyright law explain the significance of the 2019 European Copyright Directive. They examine Article 17, arguably the most controversial proposal in the Directive. What does Article 17 say? What does it leave to interpretation, and what might be its impact for users and companies outside Europe?

This is a three-part podcast series that will examine the potential impact of the European Copyright Directive in a global context.

On today’s episode we focus on what the final text of Article 17 requires in terms of its two-fold licensing and filtering mandate. The text has a series of broad progressive safeguards and exceptions, leaving a lot of room for interpretation. We discuss mixed signals (“a law that’s trying to be everything to everybody”), and the inevitable complexity of mandating automated tools within established jurisprudence around privacy and intermediary liability safe harbors. Will this directive hold up against legal challenges before the Court of Justice? As member states of the European Union implement this Directive, will they interpret the safeguards boldy? Or simply replicate the same ambiguities? Our guests share their views:

Christina Angelopoulos, Lecturer in Intellectual Property Law at the University of Cambridge and a member of the Centre for Intellectual Property and Information Law (CIPIL)
Martin Husovec, Assistant Professor in Law at The London School of Economics and Political Science (LSE), formerly Tilburg University, Netherlands

This episode - along with other episodes in the series - has been approved for one CLE credit in the Area of Professional Practice category. The credit is appropriate for both newly admitted and experienced attorneys. Please email engelberg.center@nyu.edu to obtain CLE credit and for an accessible version of the transcript that includes CLE codes.

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