On Online Platforms and the Commission's New Proposal for a Directive on Copyright in the Digital Single Market
53 Pages Posted: 6 Apr 2017
Date Written: January 2017
In September 2016, the European Commission published a new Proposal for a Directive on Copyright in the Digital Single Market. Article 13 of this Proposal would introduce a new set of obligations to take measures for the enforcement of copyright for internet intermediaries that host large amounts of works in a public manner. This study, commissioned by MEP Julia Reda, evaluates Article 13, as well as the Recitals that support it. The study concludes that key elements of these provisions are incompatible with existing EU law. On this basis, it provides a series of recommendations for potential amendments.
Keywords: intermediary liability, copyright in the digital single market, the value gap, hosting safe harbour
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