Dr Christina Angelopoulos, associate research fellow at the Information Law & Policy Centre and lecturer at the University of Cambridge, has authored a study entitled ‘On Online Platforms and the Commission’s New Proposal for a Directive on Copyright in the Digital Single Market’.
The study, commissioned by MEP Julia Reda, evaluates the provisions of the European Commission’s Proposal of 14 September 2016 for a Directive on Copyright in the Digital Single Market that are relevant to the issue of intermediary liability.
The study concludes that key elements of these provisions are incompatible with existing EU directives, as well as with the Charter of Fundamental Rights of the EU.
In particular, the study suggests that the Proposal misinterprets EU copyright and related rights law by implying that intermediaries that allow users to host content in a public manner are themselves performing an act of communication to the public. The study argues that acts of facilitation of third party copyright infringement are instead the rightful domain, not of primary, but of accessory liability, an area of copyright and related rights law that has not yet been harmonised at the EU level.