EU Commission issues copyright guidelines
The European Commission has issued a statement noting that June 7 is deadline for member states to introduce the new European copyright directive in national law. At the same time the Commission issued guidelines on how to understand the directive’s Article 17 on how to block the uploading of copyrighted content.
The Commission says Article 17 only apply to online service providers and online audio and video streaming service providers which make money from copyrighted work uploaded to their platforms by their users.
The updated copyright directive aims to make big tech companies pay publishers for using their content in online services. It took years to get the directive approved by the European parliament after intense lobbying from for instance big tech companies that opposed the rules about compensation for publishers.
Article 17 means that sharing platforms must have filters preventing users from uploading copyrighted content. The platforms can be sued for making copyright-infringing content available to the public also if the content has been uploaded by their users.
NON PROFIT
In its policy paper, the Commission says Article 17 would only apply to online service providers and online audio and video streaming service providers which make money from copyrighted work uploaded to their platforms by their users.
Not-for-profit online encyclopaedias and educational bodies, open source software platforms and online marketplaces would be exempt from the rule.
Companies may escape liability if they can show that they have made their best efforts to obtain authorisation for copyrighted works on their platforms and acted speedily to remove content when notified.
Article 17 should not apply to caricature, parody, criticism, review and quotation.
FAIR REMUNERATION
Margrethe Vestager, EU Commission Executive Vice-President, said: “The Copyright Directive and the Directive on television and radio programmes will allow for more content to be available across the EU. Creators will get a fair remuneration for their work and users can rely on clear rules protecting the freedom of speech.
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