Section 2: Exploitation of objects protected by a neighbouring right by providers of online content sharing services

I.-By providing access to objects protected by a related right uploaded by its users, the provider of an online content sharing service performs an act of exploitation that falls within the scope of the right of communication to the public or the broadcasting right of the holders of related rights mentioned in this title. The provider of an online content sharing service must obtain authorisation for this act of exploitation from the holders of related rights provided for in this title, without prejudice to the authorisations that he must obtain under the reproduction right for the reproductions of the said protected objects that he makes.

II. II - Article 6(2) and (3) of Law no. 2004-575 of 21 June 2004 on confidence in the digital economy do not apply to the provider of the online content sharing service in respect of acts of exploitation carried out by the provider. III.-1° In the absence of authorisation from the rightholders, the provider of an online content sharing service is liable for unauthorised acts of exploitation of objects protected by a related right, unless it can demonstrate that it has fulfilled all of the following conditions:

a) It has made its best efforts to ensure that the objects protected by a related right are not exploited in a way that is contrary to the rights of the rightholders. a) he has used his best efforts to obtain authorisation from the rightholders who wish to grant such authorisation;

> b) he has used his best efforts to obtain authorisation from the rightholders who wish to grant such authorisation b) It has made its best efforts, in accordance with the industry's high standards of professional diligence, to ensure the unavailability of specific protected subject matter for which rightholders have provided it, directly or indirectly via a third party designated by them, with the relevant and necessary information;

c) It has in any event acted promptly, upon receipt of a sufficiently reasoned notification from the rightholders, to block access to the protected subject-matter covered by the notification or to remove it from its service, and has made its best efforts to prevent such protected subject-matter being uploaded in the future, pursuant to b;

2° In order to determine whether the provider of the online content sharing service has complied with its obligations under 1, the following elements in particular shall be taken into account:

a) The type, audience and number of users of the content sharing service. a) The type, audience and size of the service, as well as the type of protected objects uploaded by users of the service;

b) the availability of suitable and effective means and their cost to the service provider;

3° By way of derogation from the conditions laid down in 1, for a period of three years after the service is made available to the public within the European Union and provided that it has an annual turnover of less than ten million euros calculated in accordance with European Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, in the absence of authorisation from the rightholders, the provider of an online content sharing service is liable for unauthorised acts of exploitation of objects protected by a related right, unless it demonstrates that it has fulfilled the following conditions:

(a) it has made its best efforts to obtain authorisation from rightholders wishing to grant such authorisation and has acted promptly, upon receipt of a notification in accordance with c) of 1, to block access to or remove from its service the protected subject-matter that is the subject of the notification;

(b) where the number of unauthorised uses of the protected subject-matter is greater than the number of unauthorised uses, it has acted promptly to block access to or remove from its service the protected subject-matter that is the subject-matter of the notification (b) where the average monthly number of its unique visitors in the European Union exceeded five million during the previous calendar year, it has also made its best efforts to prevent further uploads of the notified protected subject-matter for which the rightholders have provided it, directly or indirectly via a third party designated by them, with the relevant and necessary information.

The provider of the content-sharing service has also made its best efforts to prevent further uploads of the notified protected subject-matter for which the rightholders have provided it, directly or indirectly via a third party designated by them, with the relevant and necessary information. The provider of an online content-sharing service who invokes the application of this 3 to his service must provide documentary evidence of the required audience and turnover thresholds;

4° The provider of an online content sharing service acts solely on the basis of relevant and necessary information or notifications provided, directly or indirectly via a third party designated by them, by the rightholders.

IV. IV - Contracts under which the authorisations referred to in I are granted are, within the limits of their purpose, also deemed to authorise acts of communication to the public and television broadcasting carried out by the user of this service on condition that the latter is not acting for commercial purposes or that the revenue generated by the content uploaded by this user is not significant.

V -Measures taken within the framework of the authorisations referred to in I are, within the limits of their purpose, also deemed to authorise acts of communication to the public and television broadcasting carried out by the user of this service on condition that the latter is not acting for commercial purposes or that the revenue generated by the content uploaded by this user is not significant. V.-The measures taken under this article do not give rise either to the identification of individual users or to the processing of personal data except where this is in compliance with Act No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties and Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.