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RIDA 267 | 01-2021

Doctrine

Is a recast of the copyright directive needed? The role of content recognition tools for works when applying article 17 of directive 2019/790 On the CSPLA – CNC - HADOPI report of january 2021

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The transposition of article 17 of the directive 2019/790 in Member States have brought about a variety of rereadings of its provisions, which often come close to rewriting them. Building on a new report commissioned by the French authorities, the authors of this article underline that article 17 can be applied as it was written, i. e. on the basis of a preventive approach, without infringing on freedom of expression. They showcase what can be done to implement its provisions in a balanced way that will benefit each and every stakeholder of the digital platforms ecosystem.