Contrary to rights holders wishes, the European Commission’s guidance on Article 17 of the Copyright Directive will retain the notion of « likely legitimate » content and will not regulate the details of platform liability. It will, on the other hand, abandon the idea that Article 17 is a « lex specialis. » The European Commission’s guidance on Article 17 of the Copyright Directive will soon be ready. After being examined by Thierry Breton’s cabinet, they are currently being worked on in inter-services, and should be published around April 20. Some note that this date corresponds to the publication of the conclusions of the Advocate General in the case of Poland v. European Parliament and Council of the…
