USE OF PROTECTED CONTENT BY ONLINE CONTENT-SHARING SERVICE PROVIDERS
USE OF PROTECTED CONTENT BY ONLINE CONTENT-SHARING SERVICE PROVIDERS

Summary/Abstract: Online content-sharing services providing access to a large amount of copyright-protected content uploaded by their users. Although they enable diversity and ease of access to content, they also generate challenges when copyright protected content is uploaded without prior authorisation from rightholders. Online content-sharing service providers perform an act of communication to the public or of making available to the public when they give the public access to copyright-protected works or other protected subject matter uploaded by their users. Consequently, online content-sharing service providers should obtain an authorisation, including via a licensing agreement, from the relevant right holders. Online content-sharing service provider does not include service providers such as open source software development and sharing platforms, not-for-profit scientific or educational repositories as well as not-for-profit online encyclopedias. The steps taken by online content-sharing service providers in cooperation with rightholders should not lead to the prevention of the availability of non-infringing content, including works or other protected subject matter the use of which is covered by a licensing agreement, or an exception or limitation to copyright and related rights. The aim of this paper is to investigate whether EU regulations, in particular the current Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC provide an effective balance between the interests of service providers, on the one hand, and the interests of the copyright holder, on the other. Online content-sharing services providing access to a large amount of copyright-protected content uploaded by their users. Although they enable diversity and ease of access to content, they also generate challenges when copyright protected content is uploaded without prior authorisation from rightholders. Online content-sharing service providers perform an act of communication to the public or of making available to the public when they give the public access to copyright-protected works or other protected subject matter uploaded by their users. Consequently, online content-sharing service providers should obtain an authorisation, including via a licensing agreement, from the relevant rightholders. Online content-sharing service provider does not include service providers such as open source software development and sharing platforms, not-for-profit scientific or educational repositories as well as not-for-profit online encyclopedias. The steps taken by online content-sharing service providers in cooperation with rightholders should not lead to the prevention of the availability of non-infringing content, including works or other protected subject matter the use of which is covered by a licensing agreement, or an exception or limitation to copyright and related rights. The aim of this paper is to investigate whether EU regulations, in particular the current Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC provide an effective balance between the interests of service providers, on the one hand, and the interests of the copyright holder, on the other.

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