유럽 디지털 단일시장 전략과 저작권법제

Impact of the Digital Single Market Strategy for Europe to the European copyright ecosystem

On 5 May 2015, the European Commission introduced A Digital Single Market Strategy for Europe . The Digital Single Market is that in which the free movement of goods, persons, services and capital is ensured and where individuals and businesses can seamlessly access and perform online activities under conditions of fair competition, and a high level of consumer and personal data protection, irrespective of their nationality or place of residence. The Digital Single Market Strategy will be built on three pillars: i) Better access for consumers and businesses to online goods and services across Europe, ii) Creating the right conditions for digital networks and services to flourish and iii) Maximizing the growth potential of European Digital Economy. To realize the Digital Single Market Strategy, the European Commission introduced the Regulation on ensuring the cross-border portability of online content services in the internal market (9 December 2015), updated EU audiovisual rules and presented a targeted approach to online platforms(25 May 2016), and proposed modern EU copyright rules for European culture to flourish and circulate(14 September 2016). Hence the Digital Single Market Strategy can be regarded as a strategy that offers an integrated future direction to the various areas such as e-commerce, consumer protection, telecommunications, broadcasting, copyright and tax, to strengthen the economic, social and cultural bonding for the EU. In this paper, I will illustrate the purpose and contents of the various regulations and directives introduced by the European Commission after the Digital Single Market Strategy in chapter II. In chapter III., I will focus on the DSM Copyright Directive of September 14, 2016. I will analyze the proposal of the directive comparing it with current directives and CJEU precedents, and its impact on European copyright law.