Abstract

Abstract The EU has put a large number of copyright measures in place which enable cross-border trade in the digital market. Under the Digital Single Market Agenda, these included the 2014 Collective Rights Management Directive, 2017 Regulation on cross-border portability of online content services, 2017 Marrakesh Directive and Regulation, 2019 Online Broadcasting Directive, 2019 television and radio programmes Directive, and 2019 Copyright in the Digital Single Market Directive. Most of this legislation no longer applies to the UK, including the 2019 Copyright Directive which regulates online platforms. This chapter explains EU copyright legislation and analyses how the UK has presented challenges to EU harmonisation. It then analyses potential regulatory divergence between the EU and the UK. The UK does not plan to diverge substantially from EU legislation given domestic pressure to maintain the status quo. However, divergence could result from decisions made in UK case law which could lead to considerable change.

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