Derogating Regulative and Enforcement Powers in Copyright Protection in the Digital Market: A Trojan Horse for the EU?

• Main Author: Branka Marušić
• Format: Article
• Language: English
• Published: University of Zagreb, Faculty of Law 2017-12-01
• Series: Croatian Yearbook of European Law and Policy
• Subjects: directive on copyright in the digital market; harmonisation; value gap; licensing; copyright; article 114 tfeu; internet service providers
• Online Access: https://www.cyelp.com/index.php/cyelp/article/view/276

The proposal for a Directive on Copyright in the Digital Market contains a proposal to harmonise protection of copyright in the digital market and to close the so-called ‘value gap’. The value gap is a term that, in the realm of online copyright dissemination, signifies a situation where the right holder (for example, the author of a song) is not adequately remunerated for his or her work. This situation usually occurs when his or her song is made available on an online platform, such as YouTube, and he or she is not paid for the use and enjoyment of the work. The current market mechanism to tackle this problem is done via licensing schemes. This paper will analyse the possible Trojan horse that is hidden in this proposal in order to ask whether, when it comes to online regulation and enforcement of copyright, the deployment of article 114 TFEU is the correct legal basis for the EU to enhance accountability of internet service providers in the regulation and enforcement of copyright.