Workshop (29.06.2021, 14.00-18.00 CEST)


Chair: Benjamin Bäumer, Felix Tripps

Speaker: Julia Reda


1.    Abstract

Following a short keynote, participants of this workshop will discuss selected examples that illustrate the interdependent interlocking of the discourse domains of law, media, politics and civil society in the context of European legislation. Using the case of the recent DSM Directive (EU) 2019/790 and its implementation in the form of the Copyright Service Provider Act in German national law, former MdEP (2014-2019) Julia Reda will present and analyse relevant examples from different phases of the legislative process for this purpose. Main focus will be on the use of strategic communication by legislative as well as extra-legislative actors and and their influence on (concrete aspects of) the legislative process and norm genesis of Art. 17 (DSM Directive). There will also be room for discussion for each example. Conclusively, a moderated discussion with all participants will link the insights gained with aspects of discourse and legal linguistic research.


2.    Time Schedule

14:00 – 14:15 CEST

14:15 – 15:15 CEST
Exemplary case studies: European norm genesis of Article 17 (DSM Directive)

[+ 30' break]

15:45 – 16:45 CEST
Exemplary case studies: National implementation of Article 17 in Germany

[+ 15' break]

17:00 – 18:00 CEST
Moderated discussion


3.    Recommended Literature

Keller, Paul (2020): CJEU hearing in the Polisch challenge to Article 17: Not even the supporters of the provision agree on how it should work. (Link)

Reda, Julia (2020): Article 17: What is it really good for? Rewriting the history of the DSM Directive – Part 1. (Link)

Reda, Julia (2020): Article 17: What is it really good for? Rewriting the history of the DSM Directive – Part 2. (Link)


Referenced norm texts:

Article 17 (Use of protected content by online content-sharing service providers) of the 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 (Text with EEA relevance.) PE/51/2019/REV/1 OJ L 130, 17.5.2019, pp. 92–125. (Link)

§ 8 (Pre-Flagging of authorized uses) of the Discussion draft of the Federal Ministry of Justice and Consumer Protection - Working translation of the draft Act on the copyright liability of service providers for sharing online content (Article 3 of the discussion draft, transposing Article 17 DSM directive) 24.06.2020, p.6. (Link)

Section 9 (Communication to the public of uses presumably authorised by law) of the Act on the Copyright Liability of Online Sharing Content Service Providers [Government Draft], 21.02.2021, p. 5-6. (Link)