Navigating Online Liability: Copyright and E-Commerce Directives

The liability of online platforms under Copyright and E-Commerce Directive depends on the type of platform and the nature of the content uploaded by its users.

Under the Copyright Directive, online platforms such as social media, video-sharing, and file-hosting websites are responsible for ensuring that copyrighted material is not uploaded to their platform without the permission of the copyright holder. This means that if copyrighted material is uploaded by a user without the copyright owner’s permission, the platform could be held liable for copyright infringement if it fails to take appropriate action, such as removing the infringing material.

The E-Commerce Directive, on the other hand, provides a “safe harbor” for online platforms that host third-party content. This means that, in general, online platforms are not held liable for content uploaded by their users, provided they act quickly to remove illegal content when notified of its presence. This applies to a wide range of online services, including social media platforms, search engines, e-commerce sites, and hosting providers.

However, the safe harbor protection is not absolute. Online platforms may lose their protection if they are deemed to have knowledge of the illegal nature of the content or fail to act quickly to remove it once they become aware of it. They may also be held liable if they play an active role in the creation or selection of the content, or if they receive a financial benefit from the infringing content.

Overall, the liability of online platforms under Copyright and E-Commerce Directive is a complex legal issue that requires a case-by-case analysis of the facts and circumstances involved.

The leading case in online liability is https://curia.europa.eu/juris/document/document.jsf?text=&docid=243241&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=3481436

Bottom line is UK law requires ISPs to use best efforts get authorisation from right-holders in respect of content uploaded by users and to remove any content for which authorisation is refused

So its soooooooooooooo important we have regulated and reviewed terms and conditions in place.

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