EU Passes Copyright Directive

Terrible, but not unexpected news, as the European Parliament voted to approve the latest version of the copyright directive. This includes the controversial Articles 11 and 13. Some minor changes were made to the directive, but it remains a threat to online freedom by trampling all over fair use.

Article 11, known as the 'Link Tax', requires online platforms to pay news organizations to use their content. The final version of the directive now clarifies that this does not include hyperlinks to news stories. Spain's own version of the Link Tax failed and resulted in Google News removing itself entirely from the country. The German version of the Link Tax has resulted in no extra revenue for journalists or publishers and has prevented news startups from gaining success.

Article 13 requires platforms to create upload filters that would filter content uploaded by users. Such automated filter systems will flag and remove content based on ID matches without the ability to distinguish fair use. Systems already in place on platforms such as YouTube regularly return false positives. A small concession in the directive now means that content will not be automatically deleted by the upload filters. All but the smallest platforms will be liable for copyright infringements by their users.

There is one last chance to fight this excessively restrictive law. The new rules now require a vote by the leaders of the individual EU member states before each country drafts local laws to enforce the directive. That vote is likely to take place next spring.

Sources:

• https://juliareda.eu/2018/09/ep-endorses-upload-filters/
• https://www.bbc.co.uk/news/technology-45495550
• https://www.theguardian.com/law/2018/sep/12/eu-copyright-law-may-force-tech-giants-to-pay-billions-to-publishers-facebook-google