Keyword: intermediaries

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.

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

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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.

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

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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.

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

Bibtex

How to License Article 17? Exploring the Implementation Options for the New EU Rules on Content-Sharing Platforms under the Copyright in the Digital Single Market Directive external link

Quintais, J. & Husovec, M.
GRUR International - Journal of European and International IP Law, vol. 70, num: 4, pp: 325-348, 2021

Abstract

Article 17 of the Copyright in the Digital Single Market Directive is a major internet policy experiment of our decade. The provision fundamentally changes copyright regulation of certain digital platforms. However, the precise nature of Article 17 is far from clear. How does it fit the existing structure of EU copyright law and doctrine? How can the Member States implement it? These are the questions at the heart of this article. To answer them, we start by examining the nature and structure of the right prescribed in Article 17. The exact qualification brings important legal consequences. Among others, it determines the conditions imposed by EU and international law on national implementations. After reviewing different interpretation options, we conclude that Article 17 introduces either a ‘special’ or a ‘new’ sui generis right, both of which allow significant margin of discretion for Member States, especially as regards licensing mechanisms and exceptions.

Article 17, communication to the public, exceptions and limitations, frontpage, frontpage; copyright law, intermediaries, Licensing

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How to License Article 17? Exploring the Implementation Options for the New EU Rules on Content-Sharing Platforms external link

Husovec, M. & Quintais, J.
2020

Abstract

Article 17 of the Copyright in the Digital Single Market Directive is a major Internet policy experiment of our decade. The provision fundamentally changes copyright regulation of certain digital platforms. However, the precise nature of art. 17 is far from clear. How does it fit the existing structure of EU copyright law and doctrine? How can the Member States implement it? These are the questions at the heart of this article. To answer them, we start by examining the nature and structure of the right prescribed in art. 17. The exact qualification brings important legal consequences. Among others, it determines the conditions imposed by EU law and international law on national implementations. After reviewing different interpretation options, we conclude that art. 17 introduces either a special or a new sui generis right, both of which allow significant margin of discretion for Member States, especially as regards licensing mechanisms and exceptions. [This is a revised and updated version of a working paper first published in October 2019]

Article 17, communication to the public, Copyright, exceptions and limitations, frontpage, intermediaries, Licensing

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The Council of Europe and Internet Intermediaries: A Case Study of Tentative Posturing external link

McGonagle, T.
Chapter in: Human Rights in the Age of Platforms, ed. R.F. Jørgensen, Cambridge: The MIT Press, 2019., 2020, pp: 227-253, ISBN: 9780262039055

Council of Europe, intermediaries, Regulering, Vrijheid van meningsuiting

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A welfare economic analysis of online platforms and intermediaries in copyright law external link

Poort, J.
2017

Copyright, economische aspecten, intermediaries

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European Intermediary Liability in Copyright: A Tort-Based Analysis external link

Angelopoulos, C.
Kluwer Law International, 2016, Series: Information Law Series, ISBN: 9789041168351

Abstract

European Intermediary Liability in Copyright provides a clarification on the existing rules of the European Union on the liability of internet intermediaries for third party copyright infringement. On this basis, it formulates a plausible model for a potential future further harmonisation of this complicated area. In step with its rapid progress to the centre of modern social, political and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the significant practical obstacles to the successful pursuit of actual perpetrators, it has become common for internet intermediaries – the providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level however, the law in this area remains fragmented between Member States. This is the first book to take a law-based approach towards exploring the possible substantive harmonisation of the rules of intermediary liability at the EU level. The thesis on which the book was based won Proxime Accessit in the 2016 European Law Faculties Association Award for Outstanding Doctoral Theses in European Law.

aansprakelijkheid, Auteursrecht, Copyright, intermediaries, Kluwer Information Law Series

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Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe external link

van der Sloot, B.
JIPITEC, num: 3, pp: 211-228., 2016

Abstract

In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a number of duties and responsibilities on providers processing personal data; and the freedom of expression, contained inter alia in the ECHR, which, under certain conditions, grants Internet providers several privileges and freedoms. Each doctrine has its own field of application, but they also have partial overlap. In practice, this creates legal inequality and uncertainty, especially with regard to providers that host online platforms and process User Generated Content.

Data protection, ECHR, Freedom of expression, Grondrechten, intermediaries, liability, Privacy

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