Article 17—Use of Protected Content by Online Content-sharing Service Providers

Abstract

This chapter describes Article 17 of Directive 2019/790, a copyright order in the Digital Single Market, which talks about the use of protected content by online content-sharing service providers. It talks about an online content-sharing service provider that can perform an act of communication to the public or an act of making available to the public when it gives the public access to copyright-protected works or other protected subject matter uploaded by its users. It also outlines how an online content-sharing service provider can obtain an authorisation from the rightholders by concluding a licensing agreement. The chapter analyzes the performance of an online content-sharing service provider of an act of communication to the public or an act of making available to the public under the conditions laid down in Directive 2019/790. It highlights how online content-sharing service providers will be liable for unauthorised acts of communication to the public if no authorisation is granted.