Comment of the European Copyright Society Addressing Selected Aspects of the Implementation of Articles 3 to 7 of Directive (EU) 2019/790 on Copyright in the Digital Single Market.

This article analyzes selected aspects of implementing Articles 3 to 7 of Directive (EU) 2019/790 on Copyright in the Digital Single Market (DSMD), focusing on newly introduced mandatory exceptions and limitations aimed at harmonizing copyright law across the EU. It highlights provisions covering text and data mining (TDM) for scientific research and other purposes (Arts. 3 and 4), digital and cross-border teaching activities (Art. 5), and preservation of cultural heritage by institutions (Art. 6). The article emphasizes the mandatory nature of these exceptions, the limited but important flexibility granted to Member States, and the need to prevent contractual and technological overrides that could undermine user rights. It also discusses challenges such as defining “lawful access” for TDM, the scope of teaching exceptions including the option for derogation when suitable licenses are available, and broad permissions for cultural heritage institutions to make preservation copies. The authors conclude that while these provisions represent a modest but positive step toward harmonization, their effectiveness depends heavily on careful national implementation that safeguards user freedoms and fundamental rights alongside copyright holders’ interests.