The impact of online intermediaries on the distribution of copyright protected content in music, audiovisual and visual arts

In recent years online platforms such as YouTube, Pinterest or Dailymotion have built up a significant position as online sharing platforms of cultural content, often for free (ad based). Not only user created content but especially also copyright protected content is made available by users.

According to the current legal EU framework, online service providers may, under certain conditions, use copyright protected content without obtaining a license from the relevant right holder. The European Commission, as part of its Digital Single Market Strategy, aims to clarify the rules applicable to the activities of online intermediaries in relation to copyright protected content. With this study, IDEA Consult and its partners Ecorys NL (lead partner), Gartner and KEA advice the European Commission on the potential impact of such clarification on different stakeholders: the online platforms, right holders and users. The analysis is based on literature review, interviews with stakeholders and the analysis of nine specific case studies in three sectors (audio-visual, music and pictures): Youtube, Dailymotion, Pinterest, Soundcloud, Vimeo, Flickr, Google Images, Facebook and Vbox7.