The Federation of German Consumer Organizations (vzbv) has published its opinion on the BMJV’s draft bill for the implementation of the Copyright Directive (DSM-RL).
From the newsletter of the vzbv from November 6th, 2020 results:
The reason for this is the ministerial draft of the Federal Ministry of Justice and Consumer Protection (BMJV) for the national implementation of the directive in the German Copyright Act, which must take place by June 2021.
The willingness of the BMJV to address essential points of criticism of the DSM-RL and to actively use the scope of Art. 17 DSM-RL for this purpose should be positively emphasized. In doing so, it is right to go new ways, such as the establishment of a sui generis legal regime. In this way, upload filters could at least be limited and everyday activities on the internet could be made legally secure.
It is clear, however, that upload filters are not prevented by the present proposal. In this respect, the government is breaking the promise made in the coalition agreement that there will be no upload filters. That is why it is – and remains – crucial that user rights are protected as well as possible. User rights are not a necessary evil that one now has to “somehow” consider. Rather, it is only through comprehensive observance of user rights that implementation of the DSM-RL in conformity with EU fundamental rights is possible.