Article 13 and the End of Intermediaries’ Liability As We Know It
Source: https://www.alphr.com/politics/1009470/article-13-EU-what-is-it-copyright/
For two decades, online platforms enjoyed immunity from illegal content uploaded by their users in the EU. But in 2016, in the frame of the Digital Single Market agenda, the Commission published a proposal for a new directive that would hold online intermediaries responsible for copyright infringing content. This change of policy provoked the ‘Article 13’ concerns, which overwhelmed the internet world.
What is limited intermediary liability
E-Commerce Directive provides that Information Society Services Providers (ISSPs) are not liable for mere transmission of, caching and hosting illegal content, on condition that they expeditiously restrict illegal content when asked so. Furthermore, no general monitoring obligation can be imposed to them. This limited liability system allowed online industries to boom.
What would article 13 mean for online businesses
All versions of the new directive -discussed during the legislative process- intended to introduce an exemption to the above regime by requiring ISSPs to secure the rights holders’ permission before making copyrighted user-uploaded content available to the public. In other words, online platforms would have to conclude licensing agreements and probably apply upload filters to stay compliant.
Reactions
The news hit the cyberspace like a bomb. Open letters from the civil society and very important figures on the internet markets and academia (including the co-founder of Wikipedia, Jimmy Wales), addressing EU leaders, severely opposed to the reform. From Silicon Valley lobbyists to simple users, everyone was talking about the end of the internet as we knew it.
Source: https://www.liberties.eu/en/stories/ec-delet-article-thirteen/13036
Youtube’s reaction was the strongest; not only did they raise the “#SaveYourInternet” campaign with pop-ups and videos, but also the CEO, Susan Wojcicki, made two blogposts on 22 Oct 2018 and 12 Nov 2018 claiming, inter alia, that “this legislation poses a threat to both your livelihood and your ability to share your voice with the world” and that “creator economy is under threat”. Creators also responded with numerous videos such as the following one from PewDiePie (one the most successful youtubers worldwide):
The Final Text
On 17 April 2019, the final version of EU “Directive on copyright and related rights in the Digital Single Market” was adopted and the text of article 17 (former article 13) indicates some compromise. The scope was narrowed to “online content-sharing service providers” and content uploaded for special purposes (e.g. parody and quotation) was exempted. Moreover, a liability-mitigation mechanism was introduced under which platforms shall not be held liable, if they make ‘best efforts’ to obtain a license and to restrict unauthorised content. [The Commission has published relevant guidance.]
Detailed explanation of article 17:
What is left from this case is a reform of the EU’s intermediaries’ liability regime that may be in (almost) no stakeholder’s interest. Copyright holders will earn remuneration from a smaller audience and users’ ability to produce and consume content will be reduced. Finally, unequal burden will be put on platforms; the big ones will cope using their expensive Content ID technologies, while the smaller will struggle harder than ever to claim market share.
Source: thumbnail of https://www.youtube.com/watch?v=sLGkuJ41xJw&ab_channel=ObsidianAnt
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