The EU Copyright Directive Will Have A Major Impact On The Internet

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Article 11 requires online news aggregators like Google, Facebook or Twitter to pay licensing fees to news organizations when showing snippets of their coverage, and forces news organizations to charge these fees. The goal is to compensate cash-strapped news publishers for the parts of their articles being used in places like Google News, where you might see an image and short summary alongside the headline. The argument from big publishers is that Google and others are cashing in on their content by showing links and snippets on "monetized platforms," and they want a slice of the action.
So basically, there is no amount of quoting allowed without a price. Amazing.
 

Bartholomew Gallacher

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So basically, there is no amount of quoting allowed without a price. Amazing.
This is the brainchild of the German publishing and print lobby. There is already a national law, which is identical to this junk, around in Germany for five years in action. All people just called it "Lex Google" back then.

And do you want the real outcome of it, are the publishers now making tons of money because of it from Google? Nope, Google just told them utterly unimpressed "fine, we'll throw you out of our index", and they told Google "please don't do it, we'll give you the rights for free." And that's about it. So far it has never really been enforced in Germany, but when it came back in the EU's legislation process it was kind of a bad deja-vu like "they'll never learn."
 

Dakota Tebaldi

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Article 13 of the EU CD is even more problematic and far-reaching. It makes sites hosting user-created content, like YouTube, Twitter and countless others, liable for copyright infringement on their platforms. They're on the hook, and could be sued in the EU by rights holders like movie studios and TV networks for things uploaded by their users. As such, they'd be required to proactively police their platforms for copyright infringement. That means things like memes including anything copyrighted (in other words, most memes), or screengrabs taken from a movie or TV show would need to be filtered before the content is published online.

Since EU law includes no fair use provision -- in contrast to the U.S. -- this could be extended to include footage of movies, TV shows and games used in critique and commentary.
IANAL but....Cris, doesn't VVO count as a "site hosting user-created content"? So that means under this law, if WE posted things like video clips or macros using screenshots from movies or games or other copyrighted content here, you as the owner of the website could be sued?
 

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This is so much bullshit that will have such far-reaching implications. At best, content providers will simply route around EU countries, leaving a dark abyss in the Internet. At worst, and most likely, it will be the end of the Internet as we know it.
 

Tigger

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I predict google will stop their news snippets for european news sources, who will all suddenly see their traffic fall off a cliff and scream about it. It will quickly be seen to be a complete trainwreck and revised.
 

Innula Zenovka

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It's notable that, at least according to the Wikipedia article on the proposals, they are supported in the European Parliament by both the European People's Party group ( the main centre-right grouping) and the Progressive Alliance of Socialists and Democrats (of which the UK Labour MEPs are part).

Its main opponents, other than the Pirate Party Germany , seem to be the right-wing populists, such as Poland's ruling Law and Justice party, Italy's ruling Five Star Movement/Lega Nord coalition, and the UK Independence Party.

This raises my suspicions, somewhat. It may be that, for once, the mainstream centre-right, liberal, social-democratic and socialist parties have all got it wrong and the populists, racists and xenophobes have got things right for once, but I'm reserving judgement until I know more.
 

Tigger

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When it relates to copyright focused law, it's pretty damn rare for any political group to get it right. Particularly not any mainstream grouping that is likely subject to lobbying from powerful copyright maximalists.
 

Innula Zenovka

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When it relates to copyright focused law, it's pretty damn rare for any political group to get it right. Particularly not any mainstream grouping that is likely subject to lobbying from powerful copyright maximalists.
Yes, but as a general rule, I tend to find that, when the Labour Party and UKIP find themselves on different sides of the debate, generally Labour's view has rather more to be said for it than does that of UKIP.

Similarly, I tend to suspect that when large US companies like Facebook and Google involve themselves in campaigns against EU proposals that affect their business models, their motives are not always completely altruistic.

I'm simply saying I'm reserving judgment. I found what looks like one glaring factual error in the article at the top of the thread within five minutes, almost by accident. There are, in fact, several "fair use" exceptions in existing EU Copyright Law (Directive 2001/29/EC of the European Parliament , particularly Article 5.3, sections d and k) which are, as far as I can tell from a cursory reading, unaffected by the directive under discussion.

So I suspect there may be other points in the article that are less than completely accurate, possibly because it written from a press-release sent out by someone with an axe to grind (such things do happen).

ETA Normally, when we Brits read that UKIP are upset because the EU is doing something insane (banning bendy bananas, making the UK part of France or whatever) we rightly assume that the story probably isn't accurate. Seems to me that we should apply similar scepticism towards the idea the EU is about to break the internet.
 
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Kara Spengler

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IANAL but....Cris, doesn't VVO count as a "site hosting user-created content"? So that means under this law, if WE posted things like video clips or macros using screenshots from movies or games or other copyrighted content here, you as the owner of the website could be sued?
It could get even more interesting with Mastodon, a distributed social network. Someone can post a meme gif on another (even non-eu) server. Then do all other masto servers need to vet everything else on the masto network?
 
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Innula Zenovka

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IANAL but....Cris, doesn't VVO count as a "site hosting user-created content"? So that means under this law, if WE posted things like video clips or macros using screenshots from movies or games or other copyrighted content here, you as the owner of the website could be sued?
I know very little about EU intellectual property law, but it seems to me that if content is covered by any of the existing "fair use" provisions in Article 5.3 of the existing directive (which the one under discussion supplements rather than replaces), in particular
(d) quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, that, unless this turns out to be impossible, the source, including the author's name, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purpose;
or
(k) use for the purpose of caricature, parody or pastiche;
then it shouldn't be affected. 5.3 k) seems to me to cover .gifs and memes.
 

Beebo Brink

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Article 11 requires online news aggregators like Google, Facebook or Twitter to pay licensing fees to news organizations when showing snippets of their coverage, and forces news organizations to charge these fees. The goal is to compensate cash-strapped news publishers for the parts of their articles being used in places like Google News, where you might see an image and short summary alongside the headline. The argument from big publishers is that Google and others are cashing in on their content by showing links and snippets on "monetized platforms," and they want a slice of the action.
This sounds reasonable to me, given that news aggregators are skimming off these works without any of the associated costs of producing them, then passing them on to consumers and gleaning profit.

Paying a fee for the content doesn't have to be as granular as purchasing every single individual news snippet. They could arrange bulk licensing for using all content from a publisher.
 

Kara Spengler

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A bunch of things are on youtube about this, which already has copyright problems that majorly favor companies (whether or not they hold the copyright).
 
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