European Copyright Society – Comment on Copyright and the Digital Services Act Proposal

Peukert, Alexander; Husovec, Martin; Kretschmer, Martin; Mezei, Péter; Quintais, João Pedro

doi:10.1007/s40319-022-01154-1

Cited by 10 publications

(5 citation statements)

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“…160 It adopts a tiered structure with four horizontal layers, 161 and targets different types of obligations on different types of service providers, namely intermediaries, hosting providers, online platforms, and very large online platforms (VLOPs). 162 For the widest subcategory, all intermediaries are subject to general due diligence obligations, including establishing a single point of contact or designating a legal representative, 163 incorporating certain information in the provider's terms and conditions 164 as well as complying with transparency reporting duties. 165 Notably, Article 12 allows powerful intermediaries to suppress legal content based on their T&Cs, thereby vesting the power of formulating adequate rules for online communication in the intermediaries.…”

Section: How To Make Bad Laws Into Good Ones: Regulating Content Mode...mentioning

confidence: 99%

Making the Private Public: Regulating Content Moderation Under Chinese Law

Xiao

2023

Preprint

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Section: How To Make Bad Laws Into Good Ones: Regulating Content Mode...mentioning

confidence: 99%

Making the Private Public: Regulating Content Moderation Under Chinese Law

Xiao

2023

Preprint

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“…In cases of primary infringement, a person is, subject to exceptions, liable when he or she performs one of the acts which are exclusively allocated to the right owner. 43 Neither knowledge nor a violation of a duty of care is required. But in cases involving intermediaries, the law must distinguish between socially acceptable activities and infringing acts.…”

Section: Analysis Of Research Findingsmentioning

confidence: 99%

The liability of online intermediaries under European Union law

Bulgakova,

Deruma

2023

KMLPJ

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This research explores the complex and multifaceted issue of online intermediary liability. It illuminates the challenges arising from the absence of uniform regulations and the need for a collaborative system between online intermediaries and rightsholders. Specifically, the article scrutinizes the liability of online intermediaries under European Union law for violations of legal interests in online content. It strives to balance intermediary liability frameworks and fair competition, drawing attention to the relationship between specific provisions and the concurrent regime outlined in the e-Commerce Directive. Moreover, the article evaluates the consistency of liability frameworks for online intermediaries and their compliance with market functioning rules under the Trade Secrets and the Unfair Commercial Practices Directives. Furthermore, the article consults the consequences of the EU Directive on Copyright in the Digital Single Market, which holds online user-generated content platforms directly responsible for infringing content. And, unlike the original draft, the final version of this directive does not impose general monitoring obligations. Nevertheless, online intermediaries may need to implement filtering measures to avoid liability for unauthorized communication of copyright-protected works to the public. The writing also considers the impact of a prior legal framework, and the Digital Service Act established to address the issue of online intermediaries being held liable for any illegal information disseminated through their platforms. The research underscores the innovative features of the Digital Services Act, acknowledging the challenges of creating a practical legal framework striving to avoid conflicts with relevant laws. Therefore, this paper sheds light on the complex nature of online intermediary liability to the EU approach accordingly.

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“…The first problem of algorithmic parody detection relates to the functional aspect of creative works. The function of parody is a subjective humorous message of a creative work that involves a parody object -usually, a reproduction of a copyrighted creative work or a fragment of such work that serves as an object of humor, satire, or parody included in the work 38 . The function of parody or other similar humorous genres is essential for creative work to qualify as serving the use of parody 39 .…”

Section: Risk Of Parody Creative Content Over-blockingmentioning

confidence: 99%

Algorithmic Parody Protection in the European Union: CDSM Directive and DSA Regulation Perspective

Pakutinskas,

Šepetys

2023

Baltic Journal of Law &Amp; Politics

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This research aims to evaluate the CDSM Directive and DSA regulation effectiveness in protecting the EU copyright exception for parody, caricature, and pastiche set in Article 5 (3)(k) of the InfoSoc Directive and capture quintessential issues of the regulation that make the conditions for potentially reduced ability to disseminate creative parody content in the online content-sharing service platforms in the EU. The subject of this paper is the complex relationship between algorithmic content recognition tools and creative parody content qualification. Based on EU copyright law doctrinal consensus, a legislative move to introduce liability for copyright-infringing content to online content-sharing service providers induces algorithmic content moderation on digital platforms. The triangular challenge to balance EU copyright and exception protection without disrupting the online content-sharing service leads to algorithmic recognition-based parody recognition solutions.

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European Copyright Society – Comment on Copyright and the Digital Services Act Proposal

Cited by 10 publications

References 0 publications

Making the Private Public: Regulating Content Moderation Under Chinese Law

Making the Private Public: Regulating Content Moderation Under Chinese Law

The liability of online intermediaries under European Union law

Algorithmic Parody Protection in the European Union: CDSM Directive and DSA Regulation Perspective

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