- Directive (EU) 2019/790 — copyright in the digital single market
- Directive 2014/26/EU on collective management
- Regulation (EU) 2016/679 — GDPR, Article 27
- Regulation (EU) 2022/2065 — DSA
Who has to appoint one
Audio platforms established outside the Union serving EU listeners. Licensing is the operational barrier: rights must be cleared per territory through collective management organisations or direct deals, and a platform cannot operate lawfully without them.
Thresholds and exemptions
Article 17 of the copyright Directive applies to online content-sharing service providers, with lighter obligations for services younger than three years and below defined turnover and audience thresholds.
What must appear on the label
Not physical. The representative in the privacy notice, the rights information and complaint mechanisms required by the copyright Directive, and transparency to creators about revenue.
Marketplace fields
Licensing negotiations determine market entry more than regulation does. Collective management organisations operate per territory and per right, and unlicensed availability triggers injunctions rapidly.
Documentation you must hold
Licences from the relevant rights holders and collective management organisations, Article 17 best-efforts documentation including content recognition arrangements, complaint and redress mechanisms for wrongly removed content, Article 30 records covering listening data, and the Article 27 designation.
Standards and testing
Not applicable, though content recognition accuracy is scrutinised because over-blocking of lawful content is itself a breach of Article 17 safeguards.
Language requirements
Terms, creator information and complaint procedures in the language of the markets served.
When it applies
Licences before launch in each territory. The copyright Directive has been transposed in all member states, with national variations.
How long records are kept
Listening histories only as long as necessary for the service and for royalty accounting, with a defined retention.
What happens if you do not comply
Injunctions and damages for unlicensed use, which are faster and more painful than regulatory fines. GDPR fines apply to the data side, and DSA penalties where the platform hosts user uploads.
Who enforces it
National courts and collective management organisations, data protection authorities, and Digital Services Coordinators.
Where the boundary lies
Article 17 requires best efforts to obtain authorisation and to prevent availability of notified works, while simultaneously protecting quotation, parody and pastiche. Automated blocking that ignores those exceptions is itself unlawful, which is the tension the Court of Justice addressed in the Polish challenge.
Questions we are asked
- Do we need licences per country?
- Generally yes. Rights are territorial and administered by national collective management organisations, though multi-territorial licensing exists for online musical rights.
- Is user-uploaded audio our responsibility?
- Under Article 17 an online content-sharing service is liable unless it makes best efforts to license and to prevent availability of notified works, with safeguards for lawful uses.
Who signs for you
EU representative Europe Services, SE — Na Čečeličce 425/4, Smíchov, 150 00 Praha 5, Czech Republic
UK representative REP27 LTD — Unit 82a James Carter Road, Mildenhall, Suffolk IP28 7DE, United Kingdom