Big tech companies will likely put their own, costly solutions in place for doing this. Article 13 is the part of the directive that dictates how copyrighted content — including TV shows, films, videos and pictures — is shared on the internet. It dictates that anyone sharing copyrighted content must get permission from rights owners, or at least have made the best possible effort to get permission, before doing so. The European Union Directive on Copyright in the Digital Single Market is a European Union directive that is designed to limit how copyrighted content is shared on online platforms. EU directives are a form of legislation that set an objective for member states to achieve. The biggest issue is that in an effort to save time and resources, most websites would just ban copyrighted material outright in their terms of service.
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She said it would be “likely to result in an ongoing lack of legal and commercial certainty” until legal cases set a precedent and “flesh out” the directive. These rules apply to services that have been available in the EU for more than three years, or have an annual turnover best market timing indicator of more than €10m (£8.8m, $11.2m). If the UK leaves the EU with a deal, and the directive becomes law, it would apply to the UK during any transition period. “It helps make the internet ready for the future, a space which benefits everyone, not only a powerful few.”
What is Article 13? The EU’s copyright directive explained
However, more broadly, internet users are concerned about the impact of the legislation on copied or remixed content. In addition, some argue that the proposal gives no indication about which internet platforms would need to introduce these new filters. Far and wide articles have decried the new legislation which aims to update copyright how to become a java developer law in Europe. Many have argued that enacting Article 13 will ‘ruin’ the internet. This is simply a suggestion, with all the foundations of a law, for the governments residing in the EU. Surely, one government will eventually adopt it to “protect their content creators,” and through the effect of globalization it will slowly spread.
- The issue is that Article 13, unlike the GDPR and ePrivacy Regulation, doesn’t protect individuals — it silences them.
- YouTube is by far the most vocal critic of Article 13, with the firm making a big effort to promote opposition to the directive among its creators and users.
- Critics claimed Article 13 would have made it nearly impossible to upload even the tiniest part of a copyrighted work to Facebook, YouTube, or any other site.
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- Proponents argue that content creators don’t get enough recognition or payment for their work, and that creators are being taken advantage of.
However, the techlash in response to the meme ban and other provisions of the Copyright Directive has been overwhelmingly more negative than the public response to these other two digital protection laws. The Copyright Directive is just the latest in a growing list of laws coming out of the EU aimed at shaping the internet — and certainly the most contentious. The Copyright Directive reached a milestone on February 13th when the text was officially finalized in Trilogue agreements (the meeting of three EU governing bodies). Now that the directive has its official language, it will be voted on for a final time by the European Parliament between late March and mid-April. For content creators, rather than helping, this is more than a massive headache and could directly impact their ability to monetise their content. If you were to share a funny Game of Thrones gif or meme on, say, Facebook or Twitter, unless you have furnished proof of ownership or of a license, your post will not be allowed to go live, and even if it did, would have to be deleted.
“If the owners cannot agree, it is impossible to expect the open platforms that host this content to make the correct rights decisions.” How much of an article has to be shared before a platform has to pay the publisher? Proponents of the Directive on Copyright argue that this means that people are listening to, watching and reading copyrighted material without the creators being properly paid for it. This whole deal is Article 13 of Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market. Essentially, it proposes to the governments of the EU that they should require sites to host bots that check all work uploaded against a database of copyrighted materials.
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Reddit announced the changes earlier this spring after the rise of generative artificial intelligence companies like OpenAI, which used Reddit’s rich trove of human conversations to train ChatGPT for free. The issue is that Article 13, unlike the GDPR and ePrivacy Regulation, doesn’t protect individuals — it silences them. It leads us to question at what point the laws and regulations meant to protect our rights in a digital world turn against us, filtering too much out of the internet. While the landslide data protection law, the GDPR, wasn’t without some controversy when it came into effect in May of 2018, it was generally viewed as a positive step in an ongoing effort to protect the privacy of internet users.
On May 23, the Polish Prime Minister’s office announced it would bring a court case against Article 13 to the Court of Justice of the European Union. In a tweet, the Prime Minister’s office said that the entire directive “fuels censorship and threatens freedom of expression.” Therefore it is unlikely the EU will be investing any resources into helping to build the AI which could actually make this proposal work. Like GDPR, all sites that wish to be accessible within the enforcing countries will need to comply with this requirement, obtaining a license from the private software company that is making the copyright ID software.
We suspect that this is the same bug that Citizen Lab reported to Apple after detecting an NSO Group exploit chain called “BLASTPASS” that was used to attack on a Washington DC-based civil society organization. Effective vulnerability management has never been more essential for protecting your enterprise from cloud to datacenter to shop floor and beyond. Grab a coffee or your favorite beverage and join us for a bi-weekly, technical discussion exploring ways you can effectively address a range of cloud security challenges using Tenable Cloud Security. Ms Berry said Article 13 still contained some “broad and ambiguous terms”, such as the requirement for services to demonstrate “high industry standards of professional diligence”.
The wording is vague enough that it may or may not be illegal for someone attending a sporting event (a cricket match, say) to share images and video of the event on social media. The problem is that the definition of copyrighted content extends to memes, gifs, and even videos of you singing along to that Katy Perry song in the shower. The version of the Copyright Directive that passed today mentions “safeguards on freedom of expression” in the form of exceptions for memes and gifs as well as less stringent rules for start-up platforms. The Directive on Copyright would make online platforms and aggregator sites liable for copyright infringements, and supposedly direct more revenue from tech giants towards artists and journalists. And while the destruction of meme culture might be of an annoyance than a disaster there are wider implications. For example, new music tracks remixing and sampling other artists could find themselves blocked.
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It’s crucial to lend our voice to this issue, as well as educate the community and empower action today. Article 13 changes the dynamic of how services like Twitch have to operate, to the detriment of creators. The new rules, including the controversial Article 13, will hold tech firms responsible for material posted without copyright permission. I’ve been seeing a lot of posts about EU article 13, and I’m not quite sure what’s going on. There’s been a few memes about it, and apparently the memes are somehow breaking the law under article 13. It will now be up to the EU’s member states to enact Article 13 and the Copyright Directive.
Similarly, the proposed ePrivacy Regulation has been met largely with support, being seen as an attempt to protect the public rather than corporate interests. Mass monitoring of this scale necessitates automated systems, likely in the form of upload filters. As it will be in the platforms’ interests to avoid violation fines and penalties, they’ll be motivated to create highly-effective filtering systems — but these systems may come at a cost.
Why is Article 13 controversial?
Along with Blunt, fellow artists, including David Guetta, have signed a petition launched back in 2016 in favor of the Copyright Directive. While there is certainly support for Article 13 — especially from EU politicians — the voices in opposition are far more prevalent. I’ve been so lucky to be able to make music, but the next generation of artists coming through need to get a better deal when their music is used online. I believe we need a world where the effort and creativity that goes into making music is rewarded fairly.
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In short, Article 13 would force sites and online platforms to use automatic tracking technology to detect when users uploaded content to make sure they weren’t sharing copyrighted material. Smith refers to the onus which the legislation places on platforms to regulate the upload and sharing of copyrighted content. For instance, the responsibility for ensuring how to buy fantom copyright compliance on YouTube previously fell to content creators. Now — and for the first time in the EU under copyright law — that responsibility is shouldered by YouTube itself. Recently, the European Parliament voted in favor of an amendment to the Copyright Directive that is intended to limit how copyrighted content is shared across online services.
It’s an already unpopular system due to its propensity for false positives and abuse, and this would be heightened if potentially infringing videos could not be uploaded at all. No one can quite agree how these platforms are expected to identify and remove this content. The European Union Directive on Copyright in the Digital Single Market, to use its full name, requires the likes of YouTube, Facebook and Twitter to take more responsibility for copyrighted material being shared illegally on their platforms. Ultimately, it all depends how much internet platforms invest in artificial intelligence. If the AI is good enough to work out the difference between a meme and thieving copyrighted material, Article 13 could work.
The final version of Article 13 says services must make “best efforts” to remove copyright-protected videos in cases where “the rights holders have provided… the relevant and necessary information”. It refers to services that primarily exist to give the public access to “protected works or other protected subject-matter uploaded by its users”, so it is likely to cover services such as YouTube, Dailymotion and Soundcloud. Article 13 is just a small part of the entire directive, but it’s controversial because it states that content sharing platforms must ensure that “unauthorised protected works” are not available on their platforms. YouTube is by far the most vocal critic of Article 13, with the firm making a big effort to promote opposition to the directive among its creators and users. A popup on the YouTube website and app directs users to a page with the title “#saveyourinternet” which includes a video from YouTube explaining the firm’s objections to the directive.