Derogating Regulative and Enforcement Powers in Copyright Protection in the Digital Market : A Trojan Horse for the EU?

The proposal for a Directive on Copyright in the Digital Market contains a proposal to harmonize protection of copyright in the digital market and to close the so called ‘value gap'. The value gap is a term that, in the realm of online copyright dissemination, signifies a situation where the right holder (for example an author of a song) is not adequately remunerated for his or her work. This situation usually occurs when his or her song is made available on an online platform, such as YouTube and him or she is not paid for the use and enjoyment of its work. The current market mechanism to tackle this problem is done via licensing schemes. This paper will analyse the possible Trojan horse that is hidden in this proposal, in order to ask the question, when it comes to online regulation and enforcement of copyright, is the deployment of Article 114 of the TFEU the correct legal basis for the EU to use in order to enhance accountability of the Internet Service Providers in regulation and enforcement of copyright