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TR
Duty of care was firstly mentioned in Recital 48 of the ECD where it is stated that…
Lately, the duty of care has been discussed in relation to copyright law with the…
“If no authorisation is granted, online content-sharing service providers shall be liable for unauthorised acts of communication to the public, including making available to the public, of copyright-protected works and other subject matter, unless the service providers demonstrate that they have:…
a) made best efforts to obtain an authorisation, and…
b) made, in accordance with high industry standards of professional diligence, best efforts to ensure the unavailability of specific works and other subject matter for which the rightholders have provided the service providers with the relevant and necessary information; and in any event c) acted expeditiously, upon receiving a sufficiently substantiated notice from the rightholders, to disable access to, or to remove from their websites, the notified works or other subject matter, and made best efforts to prevent their future uploads in accordance with point.”…
Briefly, Art.17 places greater responsibility on an intermediary which provides storage…
The answer must be negative on the ground of what Art.17 of CD establishes. It clearly…
Even though the duty imposed on intermediaries in CD should not be considered as…
