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.
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.
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. The directive's rationale is to...
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