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ARTICLE · 23 DECEMBER 2020

The Changing EU Landscape For Online Content Regulation

Content, particularly content that is shared or streamed on online platforms, is currently the subject of legal and regulatory change in the EU, both in the area of copyright and media legislation.

European UnionIntellectual Property

Copyright Infringement and Licensing

Current Regime

Currently, liability for the hosting and transmission of copyright protected content online in the EU is determined by the regime transposed into national laws pursuant to the Directive on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (2000/31/EC) (E-Commerce Directive). In addition, the Directive on the harmonisation of copyright in the information society (2001/29/EC) (InfoSoc Directive) specified a number of exceptions and limitations to liability for infringement of the reproduction right held by authors and rightsholders, which Member States could implement in national laws, including any use for the purpose of caricature, parody or pastiche.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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