What EU Copyright (Art 17) requires
Article 17 of Directive (EU) 2019/790 establishes a specific liability regime for platforms classified as Online Content-Sharing Service Providers (OCSSPs), which perform an act of communication to the public when giving access to copyright-protected works uploaded by their users. To avoid direct liability for copyright infringement, OCSSPs must demonstrate having made 'best efforts' to obtain authorization from rightholders. In the absence of such authorization, liability can be exempted by making 'best efforts' in accordance with high industry standards of professional diligence to ensure the unavailability of specific works for which rightholders have provided relevant and necessary information. Furthermore, platforms must act expeditiously upon receiving a notice to take down notified works and implement 'notice and stay-down' procedures. A lighter liability regime applies to new micro and small enterprises that have been providing services in the Union for less than three years with an annual turnover below EUR 10,000,000 and fewer than 5,000,000 average unique monthly visitors. Importantly, these measures must not prevent the availability of user uploads that constitute legitimate uses under mandatory exceptions for quotation, criticism, review, caricature, parody, or pastiche. To safeguard user rights, as clarified by European Commission Guidance COM/2021/288, OCSSPs are mandated to provide users with an effective and expeditious complaint and redress mechanism for disputes over content removal, which must include provisions for human review.
Pillar: Creative, Content & Media IP · Authority: European Parliament and the Council of the European Union · Version: 1.1.0 · Last updated:
Primary source: https://eur-lex.europa.eu/eli/dir/2019/790/oj
SHA-256 integrity: f74a06793f0f33915bd4f5b19923ec5b1d030cf8588f9a8075afe96c13710eb3
Primary Citations — 7 traced to source
- Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market, Article 17(1-3) - OCSSP Definition and Authorization.
- Directive (EU) 2019/790, Article 17(4) - Liability exemption conditions: 'best efforts' to obtain authorization, 'high industry standards' for proactive filtering, and 'notice and stay-down'.
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