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Directive on Copyright in the Digital Single Market: A Legislative Analysis
Havlík, Václav ; Císařová, Zuzana (advisor) ; Holcová, Irena (referee)
The Diploma Thesis elaborates two specific provisions of the Directive (EU) 2019/790 on Copyright in the Digital Single Market. The first is the Article 15 which creates an ancillary right to copyright that benefits certain publishers in relation to its online use by Internet Service Providers. The instrument was intended to improve the position of press publishers in the digital sector. The second is Article 17 which makes online platforms that provide access to user- generated content directly liable for copyright infringements caused by their users. Concerns have been raised about possible excessive blocking of legal content by platforms to prevent possible infringement. The thesis describes the state of things before their introduction, the motivation of the legislator for their adoption and the legislative procedure behind its adoption. In relation to the adopted text of the Directive, the text discusses its future intended and unintended impacts on the internet environment and makes suggestions for alternative approaches to address the issues. Finally, careful attention is paid to issues of consistency of the Directive's provisions with the case law of the Court of Justice. The text aims to assess the actual impact and benefits of the adopted legislation in the light of what was intended when...

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