The legal framework
Directive 2001/29/EC harmonised the rights of reproduction, communication to the public and distribution, together with a list of optional exceptions — private copying, quotation, parody. Directive (EU) 2019/790 added, in Article 17, liability for content-sharing platforms in respect of works uploaded by their users, subject to best-efforts obligations. Member states transposed both with real differences, notably on private copying.
Unlike the GDPR these are directives: each state transposes them, and differences remain. Private copying, parody and educational use are not treated the same way from one country to the next.
Article 17 of the 2019 Directive was the most contested: it requires sharing platforms to obtain authorisations or prevent notified works from reappearing, which the Court of Justice upheld in 2022 subject to safeguards for freedom of expression.
Key points
| Instruments | Directive 2001/29/EC; Directive (EU) 2019/790 |
|---|---|
| Nature | Directives: transposed into national law, with variations |
| Term | Harmonised at 70 years after the author's death (Directive 2006/116/EC) |
| Exceptions | Quotation, parody, private copying, as each state chose |
| Platforms | Article 17 of the 2019 Directive: liability for uploaded content |
| Photographs | Protected once original, with no formality |
In practice
- Check first what kind of instrument it is: a regulation applies directly, a directive must be transposed and leaves differences between states.
- Consult the consolidated version on EUR-Lex, which incorporates every amendment.
- Identify the national transposing statute: that is what a court will actually apply.
- Where the meaning is disputed, look for Court of Justice judgments on the point.
- For a cross-border dispute, check whether a national contact point or a European network can help.
Cost and coverage
Consulting Union law costs nothing: EUR-Lex publishes every text free of charge, in twenty-four official languages and in consolidated form. Any cost lies in legal advice, where the interaction between the European text and the national transposing statute becomes decisive — common with directives, rare with regulations.
Where to go
- EUR-Lex, the official portal of Union law, publishing every text in twenty-four languages
- The European e-Justice Portal, for cross-border procedures
- Your Europe, the Commission's information service for citizens
- SOLVIT, the network that resolves misapplication of Union law by an administration
- The European Consumer Centre in your country, for cross-border consumer disputes
Worth knowing
Do not confuse the European Union with the Council of Europe: the European Convention on Human Rights and the Strasbourg Court are not EU bodies and cover forty-six states, including Switzerland and the United Kingdom.
Frequently asked questions
Is copyright the same across the Union?
No. Term and the main principles are harmonised, but exceptions are transposed differently.
How long does protection last?
Seventy years after the author's death, harmonised throughout the Union.
Is a photo on a profile protected?
Yes, as soon as it is original, with no registration formality.
What does Article 17 change for platforms?
It makes them liable for works uploaded by users unless they make genuine efforts to obtain licences and prevent re-uploads.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database