under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it. Text proposed by the Commission Amendment (38) Where information society service (38) Online content sharing service providers store and provide access to the providers perform an act of public to copyright protected works or communication to the public and should other subject-matter uploaded by their conclude fair and appropriate licensing users, thereby going beyond the mere agreements with rightholders, unless they provision of physical facilities and are eligible for the liability exemption performing an act of communication to provided in Article 14 of Directive the public, they are obliged to conclude 2000/31/EC of the European Parliament licensing agreements with rightholders, and of the Council 34. unless they are eligible for the liability Because of the contractual freedom the exemption provided in Article 14 of rightholder should not be obliged to Directive 2000/31/EC of the European conclude a license. Parliament and of the Council34. In respect of Article 14, it is necessary to In respect of Article 14 of the Directive verify whether the service provider an 2000/31/EC of the European Parliament active role, including by optimising the it is necessary to verify and of the Council, presentation of the uploaded works or whether the service provider plays an subject-matter or promoting them, active role, including by optimising the irrespective of the nature of the means presentation of the uploaded works or used therefor. subject-matter or promoting them, irrespective of the nature of the means used therefore. Where licensing agreements are concluded, these should also cover the liability of the users when they are acting in a non-commercial capacity. In order to ensure the functioning of any In to ensure the functioning of any licensing agreement, information society licensing agreement, online content service providers storing and providing sharing service providers should take access to the public to large amounts of appropriate and proportionate technical copyright protected works or other measures to ensure the protection of subject-matter uploaded by their users works or other subject-matter uploaded by should take appropriate and proportionate their users, such as implementing effective measures to ensure protection of works or technologies. This obligation should also other subject-matter, such as apply when the online content sharing implementing effective technologies. This service providers are eligible for the obligation should also apply when the
under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it. Text proposed by the Commission Amendment (38) Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34. (38) Online content sharing service providers perform an act of communication to the public and should conclude fair and appropriate licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council 34. Because of the contractual freedom the rightholder should not be obliged to conclude a license. In respect of Article 14, it is necessary to verify whether the service provider an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor. In respect of Article 14 of the Directive 2000/31/EC of the European Parliament and of the Council, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefore. Where licensing agreements are concluded, these should also cover the liability of the users when they are acting in a non-commercial capacity. In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the In to ensure the functioning of any licensing agreement, online content sharing service providers should take appropriate and proportionate technical measures to ensure the protection of works or other subject-matter uploaded by their users, such as implementing effective technologies. This obligation should also apply when the online content sharing service providers are eligible for the
20180314-Draft-CA-Article-13_v3.docx