Section 2: Exploitation of works by providers of online content-sharing services

I.-By providing access to copyright-protected works uploaded by its users, the provider of an online content sharing service performs an act of representation of these works for which it must obtain authorisation from the rightholders, without prejudice to the authorisations that it must obtain under the reproduction right for the reproductions of the said works that it makes.

I.-The provider of an online content sharing service does not have to obtain authorisation from the rightholders for the reproductions of the said works that it makes.

I.-The provider of an online content sharing service does not have to obtain authorisation from the rightholders for the reproductions that it makes. 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 works protected by copyright, unless it can demonstrate that it has fulfilled all of the following conditions:

a) It has made its best efforts to ensure that the acts of exploitation are carried out in accordance with the law. a) it has used its best endeavours to obtain authorisation from the rightholders who wish to grant such authorisation;

> b) it has used its best endeavours 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 works for which rightholders have provided it, directly or indirectly via a third party designated by them, with relevant and necessary information;

c) In any event, it has acted promptly, upon receipt of a sufficiently reasoned notification from the rightholders, to block access to the works that were the subject of the notification or to remove them from its service, and has made its best efforts to prevent these works from 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 works uploaded by users of the service;

> b) The availability of appropriate and adequate means to ensure that the service complies with its obligations. 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 works protected by copyright, unless it demonstrates that it has met the following conditions:

(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 works for which 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 audience and turnover thresholds required;

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 representation performed by the user of this service, provided that the user 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 also deemed to authorise acts of representation performed by the user of this service, provided that the user 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.