On 24 June 2020, the Federal Ministry of Justice and Consumer Protection published a discussion draft for a Second Act on the Adaptation of the Copyright Act to the Requirements of the Digital Single Market and invited comments on this discussion draft until 31 July 2020. The HBI has taken this opportunity to prepare an expert opinion: Schulz, Wolfgang; Heldt, Amélie; Seipp, Theresa (2020): Stellungnahme zum Diskussionsentwurf eines Zweiten Gesetzes zur Anpassung des Urheberrechts an die Erfordernisse des digitalen Binnenmarktes [Statement on the Draft Discussion Paper for a Second Law on the Adaptation of the Copyright Law to the Requirements of the Digital Single Market].
The draft introduces two new legal instruments into the German copyright law: provisions on the liability of upload platforms and provisions on collective licences with extended effect. In addition, the draft contains adaptations to copyright contract law. The draft thus contains proposals for the implementation of the remaining regulatory programme of the Directive on Copyright in the Digital Single Market (EU) 2019/790. The draft also implements the Online SatCab Directive (EU) 2019/789, which improves cross-border access to broadcasting content for European civil society. Furthermore, the draft contains numerous other changes, including a new legal authorisation for cartoons, parodies and pastiches.
- The text of the discussion draft for the Second Implementation Act of 24 June 2020 can be found here.
- Key points on the copyright liability of upload platforms are available here.
- All statements of many actors can be found here.
