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

21-12-2017

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 (1) sufficient intervention by the internet provider and (2) breach of an adequate duty of care by the internet provider.

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 (1) sufficient intervention by the internet provider and (2) breach of an adequate duty of care by the internet provider.