The Book The Urheberrechts-Diensteanbieter-Gesetz (UrhDaG) is the German implementation of the
controversial Art. 17 Directive 2019 790 (Copyright in the Digital Single Market DSDM).
Germany has decided against a minimum effort implementation and resisted the temptation to just
incorporate the wording of the Directive more or less literally into the German Copyright Act
(UrhG). Instead it has opted for a comprehensive implementation in a stand-alone act
including: an extensive definition of an OCSSP with a safe-harbour clause for excluded service
providers a detailed provision specifying the obligation to acquire contractual rights of use
several provisions on direct remuneration for authors performers and photographers very
detailed provisions balancing between the obligation to preventively block copyright infringing
material and the users' rights to freedom of expression and information which more or less
anticipated (and likely influenced) the CJEU's decision Poland Parliament and Council
including a section on uses presumably authorised by law a redress system consisting of
complaints procedures and an alternative dispute resolution mechanism detailed obligations for
measures against abuse rights of information for rightholders and for the purpose of scientific
research The commentary of each article is headed by the current version of the article both in
the German original and an English translation followed by a clearly and uniformly structured
analysis of the provision including the extensive (academic) discussion that accompanied the
implementation procedure. The interplay of the UrhDaG with the German Copyright Act is
addressed as well as the respective requirements of the DSMD. The impact of the CJEU's first
decision on Art. 17 DSDM (Poland Parliament and Council) is discussed in the relevant
provisions. As Art. 17 DSDM has been implemented very heterogeneously in the Member States
further decisions of the CJEU are to be expected. The detailed German implementation might
serve as a reference and source of inspiration for the further specification of Art. 17 DSDM.
The commentary aims to meet the expectations both of German and foreign lawyers interested in
platform regulation and copyright by providing a detailed explanation both of the German
implementation and by that of Art. 17 DSMD. The Advantages at a Glance Article-by-Article
Commentary in English language clearly and uniformly structured analysis of each provision The
Target Group For German and foreign Copyright lawyers.
