Latest Article

Liability of content sharing platform providers and other intermediary service providers for copyright infringement in the light of the Digital Services Act

Associate Professor PhD, Dr. habil. Grad-Gyenge ANIKÓ

Faculty of Economics and Social Sciences,

Budapest University of Technology and Economics

Abstract:

The internal copyright market of the European Union has been shaped by more than two decades of intense legislative activity. The most recent, decisive step in this process was the adoption of the so-called CDSM Directive, which also marked the end of the copyright reform process announced in 2010. The Directive is a mixed piece of legislation which has amended the copyright acquis on a number of points and opened new areas of harmonisation. Although the Directive has a horizontal scope, covering a wide range of copyright topics, it has only addressed a limited, but crucial, aspect of the operation of content sharing (platform) service providers. Research on this topic is in its infancy. Within the framework of the research programme, this paper examines – primarily from a copyright perspective – the question of how intermediary service providers, covered by the E-commerce Directive, the (partially) exempted service providers and the service providers covered by the CDSM Directive are affected by the DSA and what consequences this may have for the development and operation of copyright content providers, in particular with regard to the access to copyright content.

Keywords: liability, E-commerce, Digital Services Act, Copyright infringement, intermediary service providers