Institutionalized Algorithmic Enforcement – The Pros and Cons of the EU Approach to UGC Platform Liability

Abstract

Prior to this formal proposal of copyright legislation seeking to neutralize the safe harbour for hosting, the French High Council for Literary and Artistic Property had published a research paper prepared by Professor Pierre Sirinelli, Josée-Anne Benazeraf, and Alexandra Bensamoun on 3 November 2015. The researchers had been asked to propose changes to current EU legislation enabling the effective enforcement of copyright and related rights in the digital environment, particularly on platforms which disseminate protected content. They arrived at the conclusion that a provision should be added to current EU copyright legislation making it clear that information society service providers that give access to the public to copyright works and/or subject-matter, including through the use of automated tools, do not benefit from the limitation set out [in the safe harbour for hosting of the E-Commerce Directive 2000/31/EC].