This article is available to RIDA subscribers only.

RIDA 271 | 01-2022

Doctrine

The implementation of the digital single market directive of 2019 in Germany

VON LEWINSKI, Silke

Afficher la version française de cet article.

Show the english version

Start of the article :

Germany implemented the Digital Single Market Directive by the Act on the Adaptation of Authors’ Rights to the Needs of the Digital Single Market of 31 May 2021. Most of its provisions entered into force on 7 June 2021 and thus met the deadline for implementation required by Article 29(1) of the Digital Single Market (DSM) Directive; the provisions
implementing Article 17 of the DSM Directive entered into force only on 1 August 2021 so as to allow the stakeholders sufficient time to prepare the practical implementation. The Act also provides for amendments to the then existing authors’ rights provision regarding the so-called ‘free use’ (§ 24 previous version of the Author’s Right Act (ARA), now deleted), which became necessary after the European Court of Justice had prohibited the application of this provision as an exception or limitation rather than as the (originally intended) delineation from an adaptation of a work, in the case ‘Pelham’ on music sampling. It also implements the so-called Online-Satcab Directive. However, this contribution only deals with the implementation of
the DSM Directive.