"Member States shall provide that, in respect of new online content-sharing service providers the services of which have been available to the public in the Union for less than three years and which have an annual turnover below EUR 10 million, calculated in accordance with Commission Recommendation 2003/361/EC 20 , the conditions under the liability regime set out in paragraph 4 are limited to compliance with point (a) of paragraph 4 and to acting expeditiously, upon receiving a sufficiently substantiated notice, to disable access to the notified works or other subject matter or to remove those works or other subject matter from their websites.
Where the average number of monthly unique visitors of such service providers exceeds 5 million, calculated on the basis of the previous calendar year, they shall also demonstrate that they have made best efforts to prevent further uploads of the notified works and other subject matter for which the rightholders have provided relevant and necessary information."
Paragraph 4 says this:
"4. If no authorisation is granted, online content-sharing service providers shall be liable for unauthorised acts of communication to the public, including making available to the public, of copyright-protected works and other subject matter, unless the service providers demonstrate that they have: (a) made best efforts to obtain an authorisation, and (b) made, in accordance with high industry standards of professional diligence, best efforts to ensure the unavailability of specific works and other subject matter for which the rightholders have provided the service providers with the relevant and necessary information; and in any event (c) acted expeditiously, upon receiving a sufficiently substantiated notice from the rightholders, to disable access to, or to remove from, their websites the notified works or other subject matter, and made best efforts to prevent their future uploads in accordance with point (b)."
Sorry for the wall of text, but I think this is quite illustrative. Anyhow, do you have an example of a small content-sharing service provider that would be affected? I'm sincerely curious. This is a personal opinion, but I don't think any content-sharing platform should profit from copyright infringement; I don't think forums or other kind of communities the main goal of which isn't to profit from that activity would be affected.
That is not a requirement to fall under Article 13! Are you maybe mistaking "copyright-protected material" for "copyright-INFRINGING material"? Every creative text and photo is "copyrighted material", so this covers any for-profit UGC platform.
MEP Reda proposed making the above change in the text, that proposal was rejected. So the broad coverage is intentional.
/s
How ironic.
if those communities are aiming for a break even at best, would those as well be considered "for profit", though?
Even an LLC or INC that loses money is a "for profit" company. Most VC funded startups fall into this category where they lose money each year with the goal of eventually turning a profit.