How much do we know about notice-and-takedown? New study tracks YouTube removals

Martin Kretschmer and Kristofer EricksonThe European Union is working on a dramatic change to the regime that governs the liability of online intermediaries established with the E-Commerce Directive (Directive 2000/31/EC). Art. 14 offered a safe harbour for hosting service providers who do not have actual knowledge of infringing content and who, on obtaining such knowledge, act “expeditiously to remove or to disable access to the information”. Art. 15 ensured that there was no general obligation to monitor. Art. 13 of the Proposed Directive on Copyright in the Digital Single Market (COM(2016) 593 final) attempts to replace the requirement to act upon obtaining constructive knowledge with an obligation to filter infringing content before it is hosted. There are various drafts of Art. 13 in play, including a position adopted by the Council of the European Union on 25 May. The JURI Committee will vote on its own amendments on 20 June. A summary of the progress of Art.…

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