Global IP Report
In the era of digital globalization, the European Union (EU) has become one of the world’s
most important digital markets. For global brands operating in the EU, the DSM Copyright
Directive (Directive (EU) 2019/790) (short for Digital Single Market Copyright Directive) is
a core legal framework to protect their digital content rights, effectively preventing
unauthorized copying, dissemination, and commercial misuse of brand-related digital assets
such as creative advertisements, brand videos, and digital marketing materials.
Enacted in 2019 and fully implemented across all EU member states by June 7, 2021, the DSM
Copyright Directive is a landmark reform of the EU’s copyright system, aiming to adapt to
the digital transformation and establish a unified copyright protection standard in the EU
digital single market. It covers key areas such as online content transmission, data mining,
platform liability, and the protection of creative works in the digital environment. Importantly,
the directive does not replace the copyright laws of individual EU member states but unifies
the core protection standards, ensuring that global brands can enjoy consistent copyright
protection across the EU’s 27 member states. For example, a global luxury brand discovered
that its exclusive digital campaign images and brand story videos were illegally reposted and
edited by multiple EU-based fashion websites, with commercial advertisements inserted
without permission. With the protection of the DSM Copyright Directive, the brand submitted
a formal infringement notice to the relevant platforms, which removed the infringing content
within 72 hours and compensated for the economic losses caused by the infringement,
effectively safeguarding the brand’s creative assets and market image.
A key highlight of the DSM Copyright Directive is itsArticle 17 (formerly Article 13), which
clarifies the liability of online service providers (OSPs) for user-uploaded content. Unlike the U.S.
DMCA’s "Safe Harbor" principle, Article 17 requires OSPs (such as Facebook, TikTok, and You
Tube’s EU operations) to take proactive measures to prevent copyright infringement—including
installing content recognition systems to screen and block infringing content before it is
uploaded. This provision forces platforms to assume greater responsibility for copyright protection,
making it easier for global brands to combat online infringement in the EU market. A well-known
sports brand once found that its game highlight videos were frequently uploaded by users to
EU-based video platforms without authorization; relying on Article 17 of the directive, the brand
requested the platforms to strengthen content screening, and the platforms subsequently
removed over 500 infringing videos within one month, significantly reducing the spread of pirated
content.
The DSM Copyright Directive also complements trademark protection and AI-related content
regulation to form a comprehensive digital brand protection system in the EU. While trademarks
protect a brand’s visual identity and market recognition, the directive safeguards the copyright
of the brand’s original digital content—such as creative promotional copy, animated
advertisements, and brand-themed digital artworks. In addition, the directive clarifies the rules for
data mining and generative AI (GenAI) use: it allows legal data mining of legitimately accessed
texts and works (unless the copyright owner explicitly prohibits it), while reminding global brands
to pay attention to copyright risks when using GenAI to create content, such as unauthorized use
of copyrighted materials to train AI algorithms. For instance, a Chinese tech brand operating in the
EU used GenAI to create promotional content, and in accordance with the directive, it first
confirmed the copyright ownership of the training materials and kept complete records, avoiding
potential infringement risks while using the directive to protect the copyright of the AI-generated
promotional content. This dual protection not only prevented competitors from copying the
brand’s creative content but also avoided brand identity confusion caused by pirated content,
consolidating the brand’s market position in the EU.
It should be noted that global brands need to comply with specific procedures and requirements
to leverage the protection of the DSM Copyright Directive. First, it is necessary to confirm the
copyright ownership of digital content and keep complete creation, publication, and use records,
especially for AI-generated content, to clarify ownership and avoid disputes; second, when
submitting infringement notices to EU platforms, it is required to provide accurate information such
as the location of the infringing content, proof of copyright ownership, and detailed description of
the infringement; in addition, brands can register their digital content with the relevant copyright
authorities of EU member states or rely on professional IP service institutions such ashttps://www.
ipcrossark.com/to obtain guidance on compliance and infringement response, ensuring that their
rights protection actions are in line with the directive and the copyright laws of individual member
states.
In conclusion, the EU DSM Copyright Directive is not just a regional copyright regulation—it is an
indispensable legal guarantee for global brands to protect their digital content in the EU market. By
understanding and complying with the provisions of the directive, brands can effectively combat
online piracy and infringement, properly handle copyright issues related to data mining and GenAI,
safeguard their creative assets, and lay a solid foundation for sustainable development in the EU
digital single market.
Hyperlink List
● IPcrossark :https://www.ipcrossark.com/
● WIPO :https://www.wipo.int/madrid/en/
