Copyright Meets Consumer Data Portability Rights: Inevitable Friction between IP and the Remedies in the Digital Content Directive

Abstract The 2019 Digital Content Directive harmonizes the remedies of consumers in case a lack conformity digital content or service supplied to them by professional party. Although is ‘without prejudice’ intellectual property (IP), there are inherent overlaps with copyright scenarios where entitled terminate contract. On one hand, Art. 16(4) provides restricted right at time termination retrieve any nonpersonal which was provided created when using service. It argued that exercising can entail infringements third-party copyright, depending on circumstances, and IP may often undermine very regulatory concept objectives this ‘portability right’, particularly cocreated involved. By contrast, traders should not be allowed reject portability requests waiving their own rights, as would hamper effectiveness consumer’s remedy. other directive-based does necessarily affect fate terms licensing transferring rights consumer traders, providers (sub)licensees, because primarily matter for national law. However, it remaining users only keep relying those licenses if uses within scope 16(3) Directive, notwithstanding deviating agreement detriment consumer.