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

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.