Searching for Coordination between the EU Copyright Enforcement System and Content Portability: An Underestimated Challenge?
Searching for Coordination between the EU Copyright Enforcement System and Content Portability: An Underestimated Challenge?

Summary/Abstract: Portability is a multifaceted concept, standing in between data law, digital consumerlaw and platform regulation. Considering their different rationale, portability rulescan be found in the General Data Protection Regulation (GDPR), the Digita lContent Directive (DCD), the Portability Regulation (PR), and the Digital MarketsAct (DMA). Throughout the years, portability evolved from a prerogative of datasubjects into a content regulatory tool. Therefore, its interplay with intellectualproperty law became progressively more complicated. Importantly, some portabilityprovisions have been enacted in the form of obligations to be implemented by digitalplatforms. In this light, the intersection between digital platform regulation andportability may raise concerns. In particular, the relationship between portabilityand Article 17 of the Copyright Digital Single Market Directive (CDSMD) deservesparticular attention. The high liability threshold set therein, and the structuraldeficiencies of this provision, risk pushing providers towards hyper-deterrentstrategies to avoid liability, with the collateral risk of under-implementing portabilityduties.

• Details
• Contents