Copyright Content Moderation in the European Union: State of the Art, Ways Forward and Policy Recommendations

Copyright Content Moderation in the European Union: State of the Art, Ways Forward and Policy Recommendations external link

Quintais, J., Katzenbach, C., Schwemer, S., Dergacheva, D., Riis, T., Mezei, P., Harkai, I. & Magalhães, J.C.

IIC, vol. 55, pp: 157-177, 2024

Abstract

This Opinion describes and summarises the results of the interdisciplinary research carried out by the authors during the course of a three-year project on intermediaries’ practices regarding copyright content moderation. This research includes the mapping of the EU legal framework and intermediaries’ practices regarding copyright content moderation, the evaluation and measuring of the impact of moderation practices and technologies on access and diversity, and a set of policy recommendations. Our recommendations touch on the following topics: the definition of “online content-sharing service provider”; the recognition and operationalisation of user rights; the complementary nature of complaint and redress safeguards; the scope of permissible preventive filtering; the clarification of the relationship between Art. 17 of the new Copyright Directive and the Digital Services Act; monetisation and restrictive content moderation actions; recommender systems and copyright content moderation; transparency and data access for researchers; trade secret protection and transparency of content moderation systems; the relationship between the copyright acquis, the Digital Services Act and the upcoming Artificial Intelligence Act; and human competences in copyright content moderation.

Links

Content moderation, Copyright, Digital services act, Digital Single Market, intermediaries, Platforms

Bibtex

Article{nokey,
	title = {Copyright Content Moderation in the European Union: State of the Art, Ways Forward and Policy Recommendations},
	author = {Quintais, J. and Katzenbach, C. and Schwemer, S. and Dergacheva, D. and Riis, T. and Mezei, P. and Harkai, I. and Magalhães, J.C.},
	url = {https://link.springer.com/article/10.1007/s40319-023-01409-5},
	doi = {https://doi.org/10.1007/s40319-023-01409-5},
	year = {2024},
	date = {2024-01-01},
	journal = {IIC},
	volume = {55},
	pages = {157-177},
	abstract = {This Opinion describes and summarises the results of the interdisciplinary research carried out by the authors during the course of a three-year project on intermediaries’ practices regarding copyright content moderation. This research includes the mapping of the EU legal framework and intermediaries’ practices regarding copyright content moderation, the evaluation and measuring of the impact of moderation practices and technologies on access and diversity, and a set of policy recommendations. Our recommendations touch on the following topics: the definition of “online content-sharing service provider”; the recognition and operationalisation of user rights; the complementary nature of complaint and redress safeguards; the scope of permissible preventive filtering; the clarification of the relationship between Art. 17 of the new Copyright Directive and the Digital Services Act; monetisation and restrictive content moderation actions; recommender systems and copyright content moderation; transparency and data access for researchers; trade secret protection and transparency of content moderation systems; the relationship between the copyright acquis, the Digital Services Act and the upcoming Artificial Intelligence Act; and human competences in copyright content moderation.},
	keywords = {Content moderation, Copyright, Digital services act, Digital Single Market, intermediaries, Platforms},
}

Territoriality Roundtables (combined report) download

van Eechoud, M.

2022

Abstract

This report summarizes the outcome of two roundtables held with expert legal scholars on the need for a unified European copyright. Issues discussed include various models for a unitary copyright title and fundamental rights aspects. The Roundtables are part of a strand of the Recreating Europe project that queries how the territorial nature of copyright and related rights can hinder the realisation of the digital single market. While for e.g., trademarks and designs the EU has legislated community wide rights that extend across borders of individual Member States, copyright and related rights remain national at heart. Authors, performers, phonogram producers, database producers and other related rights owners all acquire bundles of national rights in their respective (intellectual) productions. Despite far-reaching harmonization of the subject-matter, scope and duration of national rights, these rights remain restricted in their existence and exploitation to the geographic boundaries of the individual Member States under whose laws they arise, i.e., they are territorial.

Links

Copyright, Digital Single Market, EU law, Intellectual property, unitary title

Bibtex

Report{nokey,
	title = {Territoriality Roundtables (combined report)},
	author = {van Eechoud, M.},
	url = {https://www.ivir.nl/nl/publications/territoriality-roundtables-combined-report/territoriality-roundtables-reportfinal870626_d4_4/},
	doi = {https://doi.org/10.5281/zenodo.7564660},
	year = {2022},
	date = {2022-12-14},
	abstract = {This report summarizes the outcome of two roundtables held with expert legal scholars on the need for a unified European copyright. Issues discussed include various models for a unitary copyright title and fundamental rights aspects.

The Roundtables are part of a strand of the Recreating Europe project that queries how the territorial nature of copyright and related rights can hinder the realisation of the digital single market. While for e.g., trademarks and designs the EU has legislated community wide rights that extend across borders of individual Member States, copyright and related rights remain national at heart. Authors, performers, phonogram producers, database producers and other related rights owners all acquire bundles of national rights in their respective (intellectual) productions. Despite far-reaching harmonization of the subject-matter, scope and duration of national rights, these rights remain restricted in their existence and exploitation to the geographic boundaries of the individual Member States under whose laws they arise, i.e., they are territorial.},
	keywords = {Copyright, Digital Single Market, EU law, Intellectual property, unitary title},
}

Copyright Content Moderation in the EU: Conclusions and Recommendations download

Quintais, J., Katzenbach, C., Schwemer, S., Dergacheva, D., Riis, T., Mezei, P. & Harkai, I.

2023

Abstract

This report is a deliverable in the reCreating Europe project. The report describes and summarizes the results of our research on the mapping of the EU legal framework and intermediaries’ practices on copyright content moderation and removal. In particular, this report summarizes the results of our previous deliverables and tasks, namely: (1) our Final Report on mapping of EU legal framework and intermediaries’ practices on copyright content moderation and removal; and (2) our Final Evaluation and Measuring Report - impact of moderation practices and technologies on access and diversity. Our previous reports contain a detailed description of the legal and empirical methodology underpinning our research and findings. This report focuses on bringing together these findings in a concise format and advancing policy recommendations.

Links

Content moderation, Copyright, Digital services act, Digital Single Market, intermediaries, Online platforms, terms and conditions

Bibtex

Report{nokey,
	title = {Copyright Content Moderation in the EU: Conclusions and Recommendations},
	author = {Quintais, J. and Katzenbach, C. and Schwemer, S. and Dergacheva, D. and Riis, T. and Mezei, P. and Harkai, I.},
	url = {https://www.ivir.nl/nl/publications/copyright-content-moderation-in-the-eu-conclusions-and-recommendations/ssrn-id4403423/},
	year = {2023},
	date = {2023-03-30},
	abstract = {This report is a deliverable in the reCreating Europe project. The report describes and summarizes the results of our research on the mapping of the EU legal framework and intermediaries’ practices on copyright content moderation and removal. In particular, this report summarizes the results of our previous deliverables and tasks, namely: (1) our Final Report on mapping of EU legal framework and intermediaries’ practices on copyright content moderation and removal; and (2) our Final Evaluation and Measuring Report - impact of moderation practices and technologies on access and diversity.
Our previous reports contain a detailed description of the legal and empirical methodology underpinning our research and findings. This report focuses on bringing together these findings in a concise format and advancing policy recommendations.},
	keywords = {Content moderation, Copyright, Digital services act, Digital Single Market, intermediaries, Online platforms, terms and conditions},
}

Impact of content moderation practices and technologies on access and diversity external link

Schwemer, S., Katzenbach, C., Dergacheva, D., Riis, T. & Quintais, J.

2023

Abstract

This Report presents the results of research carried out as part of Work Package 6 “Intermediaries: Copyright Content Moderation and Removal at Scale in the Digital Single Market: What Impact on Access to Culture?” of the project “ReCreating Europe”, particularly on Tasks 6.3 (Evaluating Legal Frameworks on the Different Levels (EU vs. national, public vs. private) and 6.4 (Measuring the impact of moderation practices and technologies on access and diversity). This work centers on a normative analysis of the existing public and private legal frameworks with regard to intermediaries and cultural diversity, and on the actual impact on intermediaries’ content moderation on diversity.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4380345

Content moderation, Copyright, Digital services act, Digital Single Market, intermediaries, Online platforms, terms and conditions

Bibtex

Report{nokey,
	title = {Impact of content moderation practices and technologies on access and diversity},
	author = {Schwemer, S. and Katzenbach, C. and Dergacheva, D. and Riis, T. and Quintais, J.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4380345},
	year = {2023},
	date = {2023-03-23},
	abstract = {This Report presents the results of research carried out as part of Work Package 6 “Intermediaries: Copyright Content Moderation and Removal at Scale in the Digital Single Market: What Impact on Access to Culture?” of the project “ReCreating Europe”, particularly on Tasks 6.3 (Evaluating Legal Frameworks on the Different Levels (EU vs. national, public vs. private) and 6.4 (Measuring the impact of moderation practices and technologies on access and diversity). This work centers on a normative analysis of the existing public and private legal frameworks with regard to intermediaries and cultural diversity, and on the actual impact on intermediaries’ content moderation on diversity.},
	keywords = {Content moderation, Copyright, Digital services act, Digital Single Market, intermediaries, Online platforms, terms and conditions},
}

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules external link

Hugenholtz, P.

Kluwer Copyright Blog, 2022

Links

http://copyrightblog.kluweriplaw.com/2022/12/12/allea-statement-on-open-access-publication-under-big-deals-and-the-new-copyright-rules/

Copyright, Digital Single Market, open access, remuneration

Bibtex

Safeguarding User Freedoms in Implementing Article 17 of the Copyright in the Digital Single Market Directive: Recommendations from European Academics external link

Quintais, J., Frosio, G., van Gompel, S., Hugenholtz, P., Husovec, M., Jütte, B.J. & Senftleben, M.

JIPITEC, vol. vol. 10, num: nr. 3 - 2019, 2020

Links

https://www.jipitec.eu/issues/jipitec-10-3-2019/5042

Article 17, Content-Sharing Service Providers, Copyright, digital content, Digital Single Market, DSM Directive, exceptions and limitations, Licensing, Online services, Platforms

Bibtex

Film Financing in the Digital Single Market: Challenges to Territoriality external link

Hugenholtz, P. & Poort, J.

IIC, vol. 51, num: 2, pp: 167-186, 2020

Abstract

This article discusses the role of territorial licences for feature films against the background of judicial and market developments in the EU. Currently, territorial licences are deemed a cornerstone of the exploitation and financing of films in Europe. However, current models of film financing are under increasing pressure both from market developments such as the turbulent growth of global online video platforms, and from developments in EU law aimed at removing national territorial barriers to the Single Market. Examples are the rule of Union-wide exhaustion of the distribution right, the EU Portability Regulation and the country of origin rules for satellite broadcasting and online simulcasting. EU competition law sets additional limits to grants of territorial exclusivity, and prohibits clauses in broadcasting and pay television licences that prevent or restrict “passive” sales to consumers/viewers in non-licensed territories. The freedom of right holders to preserve territorial exclusivity by way of contract is likely to become increasingly vulnerable to EU competition law, as underlying territorial rights no longer support territorial grants. For the film sector where territorial exclusivity remains indispensable, the European Commission could create specific competition law rules in the form of “block exemptions”. Language exclusivity – i.e. exclusive grants of rights for distinct language versions of a film – could provide a practical and legally more robust alternative to territorial licensing.

Links

Copyright, Digital Single Market, film, financing, frontpage, territoriality

Bibtex

Article{Hugenholtz2020,
	title = {Film Financing in the Digital Single Market: Challenges to Territoriality},
	author = {Hugenholtz, P. and Poort, J.},
	url = {https://link.springer.com/content/pdf/10.1007%2Fs40319-019-00900-2.pdf},
	doi = {https://doi.org/10.1007/s40319-019-00900-2},
	year = {0130},
	date = {2020-01-30},
	journal = {IIC},
	volume = {51},
	number = {2},
	pages = {167-186},
	abstract = {This article discusses the role of territorial licences for feature films against the background of judicial and market developments in the EU. Currently, territorial licences are deemed a cornerstone of the exploitation and financing of films in Europe. However, current models of film financing are under increasing pressure both from market developments such as the turbulent growth of global online video platforms, and from developments in EU law aimed at removing national territorial barriers to the Single Market. Examples are the rule of Union-wide exhaustion of the distribution right, the EU Portability Regulation and the country of origin rules for satellite broadcasting and online simulcasting. EU competition law sets additional limits to grants of territorial exclusivity, and prohibits clauses in broadcasting and pay television licences that prevent or restrict “passive” sales to consumers/viewers in non-licensed territories. The freedom of right holders to preserve territorial exclusivity by way of contract is likely to become increasingly vulnerable to EU competition law, as underlying territorial rights no longer support territorial grants. For the film sector where territorial exclusivity remains indispensable, the European Commission could create specific competition law rules in the form of “block exemptions”. Language exclusivity – i.e. exclusive grants of rights for distinct language versions of a film – could provide a practical and legally more robust alternative to territorial licensing.},
	keywords = {Copyright, Digital Single Market, film, financing, frontpage, territoriality},
}

The New Copyright in the Digital Single Market Directive: A Critical Look external link

Quintais, J.

European Intellectual Property Review, vol. 42, num: 1, pp: 28-41, 2020

Abstract

This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3424770

Collective licensing, Copyright, digital content, Digital Single Market, EU law, exceptions and limitations, frontpage, Licensing, Online services, text and data mining

Bibtex

Article{Quintais2019e,
	title = {The New Copyright in the Digital Single Market Directive: A Critical Look},
	author = {Quintais, J.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3424770},
	year = {0107},
	date = {2020-01-07},
	journal = {European Intellectual Property Review},
	volume = {42},
	number = {1},
	pages = {28-41},
	abstract = {This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.},
	keywords = {Collective licensing, Copyright, digital content, Digital Single Market, EU law, exceptions and limitations, frontpage, Licensing, Online services, text and data mining},
}

Film Financing and the Digital Single Market: its Future, the Role of Territoriality and New Models of Financing external link

Poort, J., Hugenholtz, P., Lindhout, P. & Til, G. van

2019

Abstract

This report studies the role of territoriality in film financing, the legal and market challenges territoriality faces as a key model for film financing and the consequences if EU policies were to reduce or mitigate the scope of territorial exclusivity in the audiovisual sector. It provides information on Member States’ and EU models of film financing, explores the challenges film financing faces from digital developments and evolving consumer behaviour and analyses possible alternatives to traditional methods of financing and policies to support this.

Links

https://www.ivir.nl/publicaties/download/IPOL_STU2019629186_EN.pdf

Digital Single Market, film, financiering, frontpage, Mediarecht, territorialiteit

Bibtex

Report{Poort2019,
	title = {Film Financing and the Digital Single Market: its Future, the Role of Territoriality and New Models of Financing},
	author = {Poort, J. and Hugenholtz, P. and Lindhout, P. and Til, G. van},
	url = {https://www.ivir.nl/publicaties/download/IPOL_STU2019629186_EN.pdf},
	year = {0117},
	date = {2019-01-17},
	abstract = {This report studies the role of territoriality in film financing, the legal and market challenges territoriality faces as a key model for film financing and the consequences if EU policies were to reduce or mitigate the scope of territorial exclusivity in the audiovisual sector. It provides information on Member States’ and EU models of film financing, explores the challenges film financing faces from digital developments and evolving consumer behaviour and analyses possible alternatives to traditional methods of financing and policies to support this.},
	keywords = {Digital Single Market, film, financiering, frontpage, Mediarecht, territorialiteit},
}

Copyright in the Age of Online Access: Alternative Compensation Systems in EU Law external link

Quintais, J.

Kluwer Law International, 2017, Series: Information Law Series, ISBN: 9789041186676

Abstract

This book examines pragmatic legal solutions that enable Internet users to access works in the digital environment by exploring the flexibilities in EU copyright law in search of a consistent regulation of non-commercial online use. In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the need for legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals, while assuring remuneration to rights holders and promoting the development of the information society.

Links

https://pure.uva.nl/ws/files/7607912/QUINTAIS_Doctoral_Dissertation_Final_Manuscript.pdf

Berne Convention, Charter of Fundamental Rights of the European Union, CJEU, collective rights management, communication to the public right, compensation systems, Copyright, Digital Single Market, EU copyright law, exceptions and limitations, fair balance, Internet, Kluwer Information Law Series, online intermediaries

Bibtex

Book{Quintais2017,
	title = {Copyright in the Age of Online Access: Alternative Compensation Systems in EU Law},
	author = {Quintais, J.},
	url = {https://pure.uva.nl/ws/files/7607912/QUINTAIS_Doctoral_Dissertation_Final_Manuscript.pdf},
	year = {2017},
	date = {2017-05-29},
	volume = {40},
	abstract = {This book examines pragmatic legal solutions that enable Internet users to access works in the digital environment by exploring the flexibilities in EU copyright law in search of a consistent regulation of non-commercial online use. In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the need for legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals, while assuring remuneration to rights holders and promoting the development of the information society.},
	keywords = {Berne Convention, Charter of Fundamental Rights of the European Union, CJEU, collective rights management, communication to the public right, compensation systems, Copyright, Digital Single Market, EU copyright law, exceptions and limitations, fair balance, Internet, Kluwer Information Law Series, online intermediaries},
}