Recommended Citation
Natalia E. Curto,
EU Directive on Copyright in the Digital Single Market and ISP Liability: What's Next at International Level?,
11 Case W. Res. J.L. Tech. & Internet
Iss. 1
(2020)
Available at:
https://scholarlycommons.law.case.edu/jolti/vol11/iss1/4
Abstract
The approval of the European Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market has caused a considerable storm. Unlike the original draft, the final text provides for no general monitoring obligation. However, the ISPs will likely be required to implement filtering measures to avoid liability for unauthorized acts of communication to the public of copyrightprotected works. The lack of harmonization of the Directive with existing laws in non-EU countries will negatively impact the ISPs. To limit these consequences, this Article proposes the signature of an International Treaty in the framework of WIPO including issues such as the role of the ISPs, the liability of the ISPs and safe harbors. As regards filtering measures, the proposed Treaty gives freedom to States to implement them. Any filtering should be specific, limited, must not impose substantial costs on ISP or substantial burdens and be subject to human review.