One of the issues at stake is the need to clarify that the relevant platform services communicate to the public under Article 3 of the 2001/29/EC InfoSoc Directive

 

 

 

These services make works available and accessible to the public, play an indispensable role in this making available, and do far more than a mere provision of technical facilities

 

This is fully in line with the most recent rulings of the CJEU, but was questioned by earlier decisions from some national courts.

 

This point of law has also been unequivocally endorsed by the ALAI Executive Committee in its resolution of February 20174 by stating that: “The affirmation by recital 38 … that information society services which make works accessible to the public could be regarded as committing an act of communication to the public merely applies the solutions advocated by international instruments (Article 8 of the WIPO Copyright Treaty of 20 December 1996) or European ones (Article 3 of Directive 2001/29/EC). However, it is welcome in view of the different interpretations that are sometimes put forward.”

 

  • For a further in-depth analysis of relevant CJEU cases and of the compatibility with the acquis communautaire, read more here.