In the conference volume "Tipping Points", Amélie Heldt writes about the concept of tipping points and the possible impact of the debate about upload filters on the copyright directive.
The interdisciplinary symposium "Tipping Points. On the Relationship between Freedom and the Restriction in Copyright Law" took place in February 2020 at the Weizenbaum Institute for the Networked Society in cooperation with the expert committee on copyright law of the Fachausschuss Urheberrecht der Gesellschaft für Musikwirtschafts- und Musikkulturforschung [Society for the Research on Music Economy and Music Culture] (GMM). The conference volume includes all contributions of the conference and is available free of charge as an open access publication.
You can download the conference proceedings here
Download Amélie Heldt's article here (pdf)
Abstract
Does the legislator have a duty to react to developments of its time? And which turning points - so-called tipping points - have led to the amendment of the EU Copyright Directive? This paper focuses on an analysis of the process of adoption of the DSM Directive using the concept of tipping points. To this end, the definition of the tipping point concept and the relationship between the public and the general legislative process will be discussed first, in order to then provide an answer to the question of what role the public played in the process of adopting the final version, in particular what is now Art. 17 of the DSM Directive. Both the emergence of new private actors as a result of digital change and the debate on upload filters should be highlighted.
Heldt, A. (2020) Identifying Tipping Point(s): Wendepunkte bei der Verabschiedung der DSM-Richtlinie [Turning Points in the Adoption of the DSM Directive] in: Schrör, S.; Fischer, G.; Beaucamp, S.; Hondros, K. (eds.), Tipping Points, Interdisziplinäre Zugänge zu neuen Fragen des Urheberrechts [Tipping Points, Interdisciplinary Approaches to New Copyright Issues]. Baden-Baden: Nomos. pp. 19-34, https://doi.org/10.5771/9783748910664-19
