Abstract
<p class="c02alineaalta">Public discussion in 2018, concerning the European Parliament, passing the Directive on copyright and related rights in the Digital Single Market, in the public discourse referred to as ACTA 2, evoked huge social emotions. The source of the conflict were two colliding values: the need to protect copyright and to ensure economic interest of authors and freedom of expression (freedom of the Internet), particularly important for users of works and Internet users. The decisions of the European Court of Justice, given on 29 July 2019 in the proceedings between Funke Medien NRW GmbH and Bundesrepublik Deutschland and the coincident decision in the case <em>Spiegel Online GmbH vs Volker Beckow</em>, deals with the above-given conflict of values. This article provides a description of the main arguments of the above-mentioned judgements of the ECJ and points at their consequences in the scope of changing the current interpretation of the provisions of copyright. The article also contains remarks on the influence of these decisions and their consequences for the disabling of content by providers of content-sharing service providers which violates freedom of expression considering the new Directive of 17 April 2019. The author presented arguments confirming that the Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market and the new way of interpreting copyright rules provided by the judgements of the ECJ has significantly changed the hitherto may of perceiving the rules of permissible use of works.</p>
Highlights
For some time both court decisions and legal literature have seen the appearance of the issue of the mutual conflict of protection under copyright and freedom of expression[1]
Situations, when copyright collides with freedom of expression, seem to be inevitable every time information is expressed in an original, creative way[2]
As proof that the principle of freedom of expression is a value which, in certain situations, can prevail over the need to protect copyright, literature gives the example of the decision of the European Court of Human Rights of 10 January 2013 in the
Summary
S Derogation from Copyright Protection Based on the Implementation of Freedom of Information and of Media. C European Court of Justice of 29 July 2019 in the Proceedings between Funke Medien NRW GmbH and Bundesrepublik Deutschland
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