Two Constitutional Cultures, Technological Enforcement and User Creativity: the Impending Collapse of the EU Copyright Regime?

In Pelham, the EU Court of Justice and German Federal Constitutional reached diametrically opposing conclusions on relevance freedom art in copyright law. The different stances permit a speculative prediction – they can have immediate consequences for predictable challenges against new platform liability regime under Article 17 DSMD, its associated dangers wide-spread filtering blocking. article discusses numerous constitutional implications with specific attention given to respective interests affected by (authors, exploiters, users, platforms) light divergent approaches from perspective what appears be two rather conflicting cultures: perceptions fundamental rights proportionality law versus an approach tending emphasise market integration legal order. Recent assertions redevising division competences between national disturbing future collision course systems, potentially massive large.