La Corte di giustizia e la nuova responsabilità di diritto d’autore delle piattaforme di condivisione di contenuti online

The essay focuses on art. 17 of the so-called copyright directive, which introduces a limitation to the freedom of expression and information online to safeguard the interests of copyright holders harmed by the ‘freedom’ of the web. The author analyzes the novelties introduced by art. 17, the action for annulment that Poland brought against the new provisions, and the subsequent ruling by the Court of Justice, after which several issues remain problematic. Finally, the author investigates the major topics of interest raised by the judgment. They range from balancing conflicting rights to the accountability of digital platforms and the use of algorithms and open both practical and theoretical questions about the relationships between public authorities, digital operators, and European consumers.