@article{41937,
      author = {Frosio, Giancarlo},
      url = {http://tind.wipo.int/record/41937},
      title = {To Filter, or Not to Filter ? That is the Question in EU  Copyright Reform},
      abstract = {This  article  discusses  the  proposed  introduction  in   EU  law  of  an obligation for hosting providers to  conclude licencing agreements with copyright  holders  and   ensure  they are taking  effective  technological measures,  such   as   Content ID technologies, to   prevent    copyright infringement  on  online  platforms.  This   proposal  is  included  in  Article 13and  accompanying   Recitals of  the  European  Commission’s  Draft Directive   on  Copyright  in  the  Digital  Single  Market  of   September  14, 2016,  which  forms  an  important  part  of   the  ongoing  EU  copyright reform.   This   article    highlights   the   shortcomings of   this   proposed  reform, which may fall short in terms of clarity,  consistency with the EU acquis,   appropriacy   and    proportionality.   In   doing   so,   the   article  discusses   recent   CJEU   case   law, such   as    GSMedia,   Ziggo   and Filmspeler,  which  all struggle  with  the  notion of communication  to  the public  in  the   digital  environment. The  case  law highlights  systemic  inconsistencies   between   the   traditional    knowledge-and-take-down,negligence-based  intermediary   liability  system  and  the  introduction  of filtering    and   monitoring   obligations.   The   article   examines    the appropriacy of filtering and monitoring measures  within a fundamental rights  perspective  by  considering   proportionality  between  property rights’ enforcement  and competing fundamental rights, such as freedom of  expression, and freedom of business and privacy. The  critical review of  the  proposed  reform  serves  as  an   opportunity  to  briefly  advance  an alternative    proposal   seeking   a   more   pragmatic   engagement    with technological change through an arrangement enforcing  a liability rule or an apportionment of profits and  producing value for creators out of platform  economy’s   virality,  while  limiting  negative  externalities  on  users’ rights.},
      recid = {41937},
      pages = {38 pages},
}