Justice by procedure – on platforms, best efforts and manifestly infringing content

Published

Apr 25 2022

Written By

I am a strategic advisor and litigator for life science and digital media companies – stepping in at the crossroads of IP and sector regulation.

Rebecca O'Kelly-Gillard

Partner
UK

As a partner in our Intellectual Property Group in London and co-head of Bird & Bird's International Copyright Group, I have worked extensively with multinational organisations across various industry sectors in all areas of soft IP.

Practices

Sectors

Regions

Western Europe

The Commission Guidance on Article 17 of the “Directive 2019 (790/EC on Copyright in the Digital Single Market”) provides much-sought guidance on who is caught by the provision, what licensing obligations exist and on how to tell potentially infringing content from legitimate copyright use. The commission Guidance has been confirmed by the Advocate-General’s conclusions on the pending Polish annulment case – with the CJEU yet to rule.

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