European Commission starts procedures against member states failing to implement EU's Copyright Directive

By Emmanuel Legrand

The European Commission has asked 23 European Union countries to explain why they did not meet the deadline to implement into their national legislation the Directive on Copyright in the Digital Single Market. 

  The commission also engaged with the 21 member states that have not yet transposed the Directive on Television and Radio Programmes. Both Directives were due to be implemented by June 7. 2021.

  The Commission said it had sent letters of formal notice to the countries that failed to meet the transposition deadline. For the Copyright Directive, the Commission has targeted Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, France, Greece, Finland, Italy, Ireland, Lithuania, Luxembourg, Latvia, Poland, Portugal, Romania, Slovenia, Slovakia, Spain and Sweden.

Member states dragging their feet

  For the TV and Radio Programmes Directive, the Commission has written to Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Estonia, France, Greece, Finland, Ireland, Italy, Lithuania, Luxembourg, Latvia, Poland, Portugal, Romania, Slovenia, Slovakia and Spain.

  Once a formal notice has been sent, countries have two months to respond or the will receive a warning which can then lead to a referral to the EU’s Court of Justice in Luxembourg.

  To the frustration of rights holders' groups, many EU countries have been dragging their feet to  implement the Copyright Directive, adopted two years ago. The Directive introduces a series of measures to ensure that content is remunerated online and that digital services are liable for the unlicensed content on their platforms.

New opportunities with the Directives

  Rights holders have also been concerned that some countries, such as Germany, have adopted a text that drifted significantly from the original text voted by the European Parliament. Other countries, such as The Netherlands, have adopted the Directive in a version close to the original text.

   On June 4, Margrethe Vestager (pictured, above), Executive Vice-President of the European Commission and Commissioner for a Europe fit for the Digital Age, said the two Directives would help modernise EU's copyright framework and provide benefits for creators, businesses and consumers.

  “The Copyright Directive and the Directive on television and radio programmes will allow for more content to be available across the EU," said Vestager. "Creators will get a fair remuneration for their work and users can rely on clear rules protecting the freedom of speech. With the national transposition of both Directives, everyone will benefit from new opportunities, so we can fully enjoy the best of the internet and the TV and radio programmes. Also across borders.”