Articles

Liability of Online Platforms for Copyright Infringement and the Role of Takedowns

Why it matters

The internet became the main channel for publishing and distributing works — from music and films to articles, photos, and code. Copyright infringements online are widespread, making platform liability a key enforcement issue.

Legal framework

• Berne Convention — automatic copyright protection.
• Digital Services Act (EU, 2022) — stricter platform obligations, transparency, complaint mechanisms.
• Moldova legislation:
  • Copyright and Related Rights Law,
  • Trademark Law,
  • Civil Code,
  • E-commerce Law.

Rules: the infringer is primarily liable, but platforms must remove illegal content once notified.

“Notice & Takedown” mechanism

1. Author notifies the platform.
2. Platform removes content.
3. User may counter-notify.
4. Courts resolve unresolved disputes.

Moldova explicitly applies this mechanism.

Role of takedowns

1. Fast protection. Pirated content can be removed in hours vs. months in court.
2. Preventive role. Automated filters and recognition systems (e.g., YouTube Content ID).
3. Balance. Takedowns must not excessively limit free speech or legal use.

Platform liability

• Civil — compensation for damages.
• Administrative — fines and orders.
• Criminal — for systemic or intentional infringements.

In Moldova, enforcement involves ANRCETI and AGEPI.

Practical advice for authors

• Use official complaint tools (DMCA, Brand Registry).
• Collect evidence (screenshots, notary protocols).
• Combine legal and technical measures (AGEPI, blockchain).
• For systemic cases — go to court.

Conclusion

Platforms are no longer “neutral intermediaries.” They carry direct responsibility for copyright infringements and must promptly block pirated content.