Copyright in the Digital Single Market

Directive (EU) 2019/790 on copyright and related rights in the digital single market

Status

EU

Date of application was 7 June 2021.

EEA

EEA Joint Committee has decided to incorporate the Directive into the EEA-agreement on 8 December 2023. The Committee decision will enter into force once parliaments in EEA/EFTA countries decide to adopt the decision.

Norway

Implementation will likely result in an amendment of the Copyright Act.

Scope

Directive 2019/790 has three main objectives: (i) to adapt certain key exceptions to copyright to the digital and the cross-border environment, (ii) to improve licensing practices and ensure wider access to content, and (iii) to achieve a well-functioning marketplace for copyright.

Relevance

Both Directive 2019/790 and directive 2019/789 seek to solve copyright challenges in the light of transnational consumption and new technologies. The Norwegian Government has launched a hearing for implementing the Directive in the Norwegian Copyright Act, with a deadline set at 15 March 2024. We expect the legislative proposal to be considered by the Parliament during the first half of 2025.

Key takeaways

Directive 2019/790 is meant to further harmonize copyright legislation, as well as closely related rights. The Directive makes it easier to use copyright-protected material for different purposes mostly related to: access to knowledge, by introducing mandatory exceptions to copyright to foster text- and data mining, digital uses of works for the purpose of illustration for teaching, and the preservation of cultural heritage. Furthermore, the Directive aims to enhance protection of press publications for online use, as well as strengthening the rights of license holders.