Mitigating User Content Risk After EU Copyright Directive

Law360 (May 14, 2021, 3:50 PM EDT) -- Until now, throughout the European Union, platforms hosting user-uploaded content have profited from the safe harbor privilege under the EU E-Commerce Directive, which has been shielding platforms from liability for copyright-infringing user uploads for more than 20 years.[1]

This safe harbor privilege implies that online content service providers, or OCSSP, only need to remove copyright-infringing content upon notice to avoid liability for copyright infringement.[2]

In an effort to strengthen the rights of copyright holders, the EU legislator recently decided, however, that certain platform providers will be on the hook for copyright infringements pertaining to user-uploaded content.[3] The directive's rationale is to...

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