From DSM Exceptions


Federal Republic of Germany | Bundesrepublik Deutschland

Status of Implementation[edit]

i) Passed Law

ii) Draft: All / Some Articles

1. Incomplete English discussion draft law. (15/1/2020)

2. German language discussion draft containing Arts 3-7 and Articles 15-16. (15/1/2020)

3. [1] discussion draft containing Art. 8-13, 16, 17, 18-23 [2] (in english): Draft Act on the copyright liability of service providers for sharing online content (Art.17 DSM)(24/6/2020)

4. "Referentenentwurf" containing all Articles (not published), only for discussion by governmental bodies (17/9/2020)

5. [3] Referentenentwurf containing all Articles, published for stakeholder discussion (13/10/2020)

6. [4] (3/2/2021) Final Government Initiative, to discuss in both Parlament Chambers (Bundesrat + Bundestag) in March/April 2021

Timescales of Implementation[edit]

Possible timescales for implementation:

Government draft law: Autumn 2020

Parliamentary discussion: Autumn 2020 - Spring 2021

Enactment of legislation: June 2021

Governmental Documentation[edit]

28/6/2019: The German government issued a joint consultation on the Directive on Copyright in the Digital Single Market and the amending directive on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes (2019/789). The deadline for responses was given as 6/9/2019.

Submissions to the consultation held between June and September 2019 can be found here by inputting 2019/790. (No stable url provided)

15/1/2020: Draft Articles 3-7, and Article 15 are issued by the government for public consultation.

[5] Draft 24/6/2020 and submissions from stakeholders

[6] Referentenentwurf containing all Articles / submissions from stakeholders

Summary of Developments[edit]

(e.g. Outline general developments finishing with Day/Month/Year.)

15/4/2019: A joint statement on the directive was issued by the Netherlands, Luxembourg, Poland, Italy and Finland on the day the directive was approved by the Council of the European Union. While the statement was aimed at Article 17 (Use of protected content by online content-sharing service providers) it included the following statement from the German government on text and data mining and out of commerce works.

The "Discussion Drafts" from 25/1/2020 and 24/6/2020 each contain parts of the Articles. while the "Referententwurf" (17/9/2020) sums up all Articles for discussion (only) by governmental bodies. It provides an own statute for the Art.17 implementation outside of the copyright code: "Draft Act on the copyright liability of service providers for sharing online content"

Statement by Germany

The German Federal Government agrees with the proposed Directive on copyright and related rights in the Digital Single Market (hereinafter: ‘the Directive’) in the version set out in the trilogue compromise of 13 February 2019, because the reform as a whole achieves urgently needed adjustments to the outdated European legal framework, such as the provisions on text and data mining, out-of-commerce works and contract law for performers.


(e.g. Amend existing laws, repeal entirely existing law etc.) Art. 3 and 4 DSM: Amendment of § 60d UrhG Art. 5 DSM: Amendment of § 60a UrhG Art. 15 DSM: Amendment of § 87f-87h UrhG Art. 17 DSM : The issue gets an own legal code: Urheberrechts-Diensteanbieter-Gesetz – UrhDaG

Media Coverage[edit]

Academic Articles etc[edit]

Presentation given by Armin Talke (Berlin State Library / Chair of the German Library Association's Legal Committee) at a Centre for Intellectual Property Policy and Management webinar (2/12/2020) on the status of implementation in Germany.