15th Jul 2021

Policy Seminar on Platform Liability for Copyright Infringement

On: Thursday 15 July 2021 from 9.30 – 10.30am
Via: Video Conference
For: Members & Associate Members only

Chair: John Enser (Partner, CMS Cameron McKenna Nabarro Olswang LLP)
Presentation: Prof. Guido Westkamp (Copyright Consultant, British Screen Forum)

As you may be aware, Article 17 of the EU Directive on Copyright in the Digital Single Market (DSMD) regulates the thorny issue of platform liability for copyright infringement. Although the UK government has stated that it has no intention of implementing the directive, its implementation in EU Member States is nevertheless likely to be of interest to many British Screen Forum Members. The directive departs fundamentally from the solution adopted in the Electronic Commerce Directive 2000, according to which intermediaries would generally not incur liability unless the content hosted was to be considered as “own” content. The new directive changes that approach. Certain platforms – essentially, YouTube and similar services – are to be treated as direct infringers. Thus, they will be liable for infringing content uploaded by users.

The approach to implementation being adopted by Germany includes a number of remarkable and challenging features, most notably with respect to parody, pastiche, cariacature and de minimus use of content.

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