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
- Author notifies the platform.
- Platform removes content.
- User may counter-notify.
- Courts resolve unresolved disputes.
Moldova explicitly applies this mechanism.
Role of takedowns
- Fast protection. Pirated content can be removed in hours vs. months in court.
- Preventive role. Automated filters and recognition systems (e.g., YouTube Content ID).
- 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.
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