El «value gap» y los mecanismos de detección de contenidos en materia de Propiedad Intelectual. Apuntes sobre la controvertida Propuesta de Directiva 2016

Abstract

The online marketplace for multimedia intellectual creations is now apparently starting to overcome the number of problematic issues that has been facing over the past few years. Nevertheless, this new reality still coexists with behaviours infringing the intellectual property rights and categories of platforms set between the content provider and the hosting one (the controversial figure of the “active provider”), in which the creations are published by its users, and that do not subscribe the licence agreements with the copyright holders, resulting in a decline in its profits, so-called “value gap”. These issues, among others, along with the mechanisms that identify and trace ex-ante the protected contents, whose imposition to the ISPs was included in the initial drafting of the 2016 Directive proposal, implies a complex and highly topical problem that needs to be addressed