EU court rejects Polish complaint over copyright law

The European Court of Justice (ECJ) on Tuesday rejected Poland's challenge to an EU directive on copyright, the court said in a statement.

According to Article 17 in the EU's Directive on Copyright in the Digital Single Market, all 27 member states should introduce legislation that "protects creativity in the digital age."

However, Poland wanted the proposal annulled, stating it violated freedoms of expression and freedom of information, a challenge the ECJ has now dismissed.

What is the new copyright law?

The 2019 Copyright Directive aims to modernize how copyright is protected in the online environment. Each member state was given two years to implement the legislation.

But one element, Article 17, prompted concern among member states, Poland in particular.

The section requires online services to license content from copyright holders. If that is not possible, these firms should ensure that infringing content is taken down and not re-uploaded.

Opponents feared that this would effectively lead to broad "upload filters" that will take down more content than necessary, something the Polish government highlighted, saying it infringed upon certain freedoms.

EU says law will 'benefit creative sectors'

But EU Advocate General Henrik Saugmandsgaard Oe advised the Court not to grant Poland’s request, arguing that "filters" would not significantly harm freedom of expression.

In its press release on Tuesday, the ECJ ruled that the directive "laid down a clear and precise limit on the measures that may be taken or required" in enforcing the law — particularly by excluding "measures which filter and block lawful content when uploading."

The court added that the copyright law will "bring concrete benefits to citizens, the creative sectors, the press, researchers, educators and cultural heritage institutions."

Last year, some 1,145 musicians, bands and singers in Germany, including Peter Maffay, Helene Fischer and Herbert Grönemeyer, wrote to the federal government protesting against the reform.

Edited by: Rebecca Staudenmaier