Supervising the Gatekeepers? An Alternative EU Framework for the Liability of Internet Intermediaries for Copyright Infringement

Abstract

This article discusses the current legislative framework for the enforcement of copyright law in the digital world. More specifically, it critically examines Article 17 of the Digital Copyright Directive (2019/790), its national implementation into the EU member states so far, and the relevant provisions of the Proposal for a Digital Services Act Regulation. Having discussed both and identified their discrepancies, an alternative framework based on co-regulation is put forward. This approach involves the creation of a supervisory authority which would oversee the operation of internet intermediaries and offer a better balance of the parties’ interests.