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Intermediary liability through the back door:
Consequences of extending digital copyright for the open internet

Wednesday, 16 March, 8:00 - 10:00
Venue: Thon Hotel EU (Rue de la Loi 75, 1040 Brussels)

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Emilian Pavel image
Emilian Pavel
Member of the European Parliament
Christina Angelopoulos image
Christina Angelopoulos
University of London
Jean-Francois Dechamp image
Jens-Henrik Jeppesen
Director, Center for Democracy & Technology

OpenForum Europe (OFE) and Copyright for Creativity (C4C) have the pleasure to invite you to the following event focusing on the issue of intermediary liability, the 1st in a series of events on this topic. 

There seems to be an increasing tendency to extend the responsibility of ISPs compared to the level established in 2000. While courts have been dealing with many grey areas in the legal framework, and balancing competing interests, the European Commission is set to propose a major review of this equilibrium for copyright.

In its December Communication on the future of copyright, the Commission announced it would consider the scope of the intermediary liability regime applicable to new players, in relation to so-called “hosting” and “caching” in particular. The Commission is also looking at the responses to the public consultation on online platforms which closed in January 2016, which show a division of view among those who consider the liability regime under the E-commerce Directive still fit for purpose and those who request clarification and guidance for its implementation, or a rebalancing of interests.


  • Does the intermediary liability regime support the growth of a dynamic creative industry in Europe?
  • How would the extension of liability affect the balance of incentives for hosting or caching services to allow users to defend themselves against wrongful claims of copyright infringement used to remove their content?
  • What should be the rights of internet users against wrongful claims to remove their content, how can we protect against an over-reaching claim and its consequences for freedom of expression?
  • How could new “players”, “active” hosts or conduits be isolated from others, and what would be the impact on the basic workings of the internet?
  • How would new copyright rules creating direct liability impact the users who create, upload and share content online themselves (UGC)?
  • How will the Commission take forward the diverging views expressed in the public consultation?
Seats are limited, so please register here by Monday CoB, 14th of March.

If you have already registered in the meantime, your participation has been taken into account and a confirmation e-mail will be sent closer to the date of the event. The event will start promptly at 8.30, after a welcome coffee.
OpenForum Europe
OpenForum Academy
OpenForum Europe (OFE) is a not-for-profit industry organisation which was originally launched in 2002 to accelerate and broaden the use of Open Source Software (OSS) among businesses, consumers and governments. Our role is to explain the merits of openness in computing to politicians and legislators across Europe, as part of a vision to facilitate open, competitive choice for IT users. Find out more on the OFE website.

Created in 2010, Copyright 4 Creativity (C4C) is a broad-based coalition that seeks an informed debate on how copyright can more effectively promote innovation, access, and creativity. C4C represents libraries, scientific and research institutions, consumers, digital rights groups, technology businesses, and educational and cultural heritage institutions that share a common view on copyright embodied by C4C's Declaration and its Copyright Manifesto. Find out more on the C4C website.