For the purposes of Articles L. 137-2 to L. 137-4, a person who provides an online public communication service whose main purpose, or one of whose main purposes, is to store and give the public access to a large quantity of works or other protected objects uploaded by its users, which the service provider organises and promotes with a view to making a direct or indirect profit, is qualified as a provider of an online content sharing service.
This definition does not include not-for-profit online encyclopaedias, not-for-profit educational and scientific directories, platforms for developing and sharing free software, providers of electronic communications services within the meaning of Directive (EU) 2018/1972 of 11 December 2018 establishing the European Electronic Communications Code, providers of online marketplaces, business-to-business cloud services and cloud services that allow users to upload content for their strictly personal use.
The provisions set out in III of Article L. 137-2 do not apply to online public communication services whose purpose is to infringe copyright and related rights.
The evaluation of the large amount of content uploaded to the Internet is based on a number of criteria.
Assessment of the significant quantity of protected works and subject-matter referred to in the first paragraph shall take account in particular of the number of files of protected content uploaded by users of the service, the type of works uploaded and the audience for the service. The terms of application of this paragraph are defined by decree in the Conseil d’Etat.