Study published on proposed liability changes for OSPs

18 June 2018

A new study has been published concerning the content filtering obligations of the Copyright Directive. Through an examination of the current Council draft, the study analyses the licensing and filtering obligations of Article 13, ultimately concluding that “[this] must not remain the final word in the debate”. They note that the proposed changes from secondary liability to a strict, primary liability are an “unprecedented step” in regards to CJEU jurisprudence, which will likely unduly burden online service providers.

The study, entitled “Content Censorship and Council Carelessness – Why the Parliament Must Safeguard the Open, Participative Web 2.0” by Martin Senftleben is available here, via SSRN.