EU Laws Regulating Online Intermediaries [Paraphrased].

I read through some EU legislation outlining the liability regime for online platforms and paraphrased it into something easily understandable. Warning: As I’ve simplified the language some important details may be omitted. This is a guide only.

E-Commerce Directive (2000)

-> Article 14)


Draft directive on Copyright in the Digital Single Market

- Recital 38)

Where intermediaries store and provide access to copyrighted works uploaded by users = they are going beyond performing an act of communication to the public. In this case they must conclude licensing agreements with rightsholders, unless they are protected from liability under Article 14 of e-commerce Directive (paraphrased above).

- Recital 39)

Collaboration between intermediaries [storing and providing public access to large amounts of copyright works uploaded by users] and rightsholders is essential for the functioning of content identification technologies.

- Article 13)

Use of protected works by intermediaries [storing and providing access to large amounts of works uploaded by users].

Written by

Working at Believe, licensing and managing relations with digital music platforms. LLM Intellectual Property Law.

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