Liability of Online Service Providers for Copyrighted Content – Regulatory Action Needed?

Please note: Each In-Depth Analysis is assigned a DOI (digital object identifier), which is a safe and long term way of ensuring a hyperlink to the full text of this report. However, when ESO creates this record, on occasion the DOI still has not been activated by the EU Bookshop. If you find the source url hyperlink does not work please use the alternative location hyperlink listed as a related url.This paper looks at liability of online providers for copyright infringements. The liability privileges in Articles 12 to 15 E-Commerce Directive can remain unchanged; they seem to be sufficiently flexible to adopt to new business models, which also make them in general future proof. These privileges do not, however, establish liability. With regard to injunction claims, Article 8(3) Copyright Directive provides for a satisfactory solution. EU rules establishing liability beyond injunction (e.g. damages) should be harmonised following the requirements

+ sufficient intervention by the internet provider
+ breach of an adequate duty of care by the internet provider.

• Primary Source

European Parliament: European Parliamentary Research Service: In-Depth Analysis, January 2018: Liability of Online Service Providers for Copyrighted Content – Regulatory Action Needed? http://www.europarl.europa.eu/RegData/etudes/IDAN/2017/614207/IPOL_IDA(2017)614207_EN.pdf

EP: EPRS: Briefing: EU Legislation in Progress, April 2017, Cross-border portability of online content services http://www.europeansources.info/record/cross-border-portability-of-online-content-services-eu-legislation-in-progress/

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