Browse Issues Search Articles Submissions About the Journal Copyright Fixation Podcast Subscribe Go back to Issues UNDERSTANDING ARTICLE 17 OF THE EU DIRECTIVE ON COPYRIGHT IN THE DIGITAL SINGLE MARKET — CENTRAL FEATURES OF THE NEW REGULATORY APPROACH TO ONLINE CONTENT-SHARING PLATFORMS Citation: 67 J. COPYRIGHT SOC’Y, 279, (2020) Axel Metzger Humboldt Universität Berlin Martin Senftleben Institute for Information Law, University of Amsterdam Introduction With the Directive on Copyright in the Digital Single Market of 17 April 2019 (“DSM Directive” or “DSMD”), the EU has adopted an ambitious legislative package which EU Member States must transpose into national law by 7 June 2021. One of the central – and most controversial provisions of the new legislation is Article 17 DSMD. This provision has the potential to bring about a climate change in the regulation of online platforms that host user-generated content (“UGC”). More specifically, it entails a remarkable departure from traditional notice-and-takedown liability shields that reflect a presumption of non-infringement. Article 17 DSMD sets forth content moderation obligations that are likely to culminate in the employment of upfront content filtering tools to ensure that unauthorized protected content does not populate online content-sharing platforms. Instead of presuming that uploaded content does not amount to infringement unless copyright owners take action and provide proof, the default position of filtering systems is that every upload is suspicious and that copyright owners are entitled to ex ante control over the sharing of information online. Full Article jocoso67sm-3 Understanding Article 17Download Related Content Journal December 21, 2025 C+T Panel 2 - A THOUSAND TIMES NO: THE PRACTICALITIES OF OPT-OUT FOR AI TRAINING 72 J. Copyright Soc'y 1023 (2025)Download AI & Copyright Copyright + Technology Conference Creativity & Technology Collide Technology, Innovation & the Future Journal December 21, 2025 C+T Panel 4 - MY OWN THREE HANDS: AI CONTENT CREATION TOOLS AND COPYRIGHT REGISTRATION 72 J. Copyright Soc'y 1071 (2025)Download AI & Copyright Copyright + Technology Conference Creativity & Technology Collide Technology, Innovation & the Future Journal December 21, 2025 COPYRIGHTING STYLE 72 J. Copyright Soc'y 1091 (2025)Download AI & Copyright Creativity & Technology Collide Idea/Expression