(1) A service provider (section 2) performs an act of communication to the public if it gives the public access to copyright-protected works uploaded by its users.
(2) If the service provider fulfils its obligations under section 4 and sections 7 to 11 in accordance with the high standards which are customary in the industry, taking into account the principle of proportionality, it is not liable under copyright law for an act of communication to the public. Account is, in particular, to be taken of the following:
1. the nature, audience and scope of the service,
2. the nature of the works uploaded by users of the service,
3. the availability of appropriate means of fulfilling the obligations, and
4. the costs incurred by the service provider for the means under no. 3.
(3) The service provider cannot rely on Article 6 (1) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1; L 310, 1.12.2022, p. 17).
(4) A service provider whose main purpose is to participate in or facilitate copyright infringements may not rely on subsection (2).