"Copyright protection in the EU": the new reform can affect not only the media platforms

The new directive on the protection of copyright, proposed in the European Union, which we recently discussed in a blog, can significantly affect the device platforms such as YouTube, Facebook and Pinterest. However, "under attack" were not only they, but also libraries and aggregators of scientific and research works . The document may oblige researchers to pay even for simply citing the work of "colleagues in the shop."
More about the problem we speak under the cut.
"Copyright protection in the EU": the new reform can affect not only the media platforms

/photo Nic McPhee CC

What is the essence of the problem

The apple of discord in the community was the content of articles 11 and 13 of a new directive on the protection of copyright. Their original goal is to protect copyright content from illegal use on platforms like Facebook or YouTube.
An example of proceedings in this area can serve as legal action "Guild of authors against Google". The authors of the books were extremely unhappy with the fact that the Google Books service provides open access to their intellectual property. The courts lasted about 10 years, and in the end, the US Supreme Court ruled that Google "used the content in good faith" and did not violate copyright.
To prevent similar cases (or at least simplify the proceedings), article 11 (p.54) obliges the academic community to pay for the right to use snippets (tables, headlines) from other scientific publications protected by copyright.
Another controversial part of the directive is article 13 (p.56) - requires that all companies that store and /or distribute user content provide their platforms with filtering and locking systems. To such measures already I had to resort to a social network for ResearchGate researchers. Because of the publishers' complaint about copyright infringement, he had to close access to 1.7 million scientific research and articles.

How does the community relate to the

Despite the fact that some organizations, for example, the International Association of Publishers of Scientific, Technical and Medical Literature ( ? STM
), supported a new directive, the community as a whole assessed the initiative negatively.
As Vanessa Proudman, head of the Coalition for Academic Resources and Scientific Publications (
) Notes, the new initiative violates the European the principles of unhindered access to scientific works and publications.
Proudman assumes , that after the entry into force of the directive, thousands of non-commercial data archives (including university libraries) will have to obtain permission to use copyright content, apply filters and check the entire contents of archives for copyright infringement.
The implementation of systems for blocking and filtering content will become an additional burden (sometimes unbearable) for digital libraries and non-commercial educational platforms.
At the same time, supporters of "free" studies are concerned that the "tax on references" from Article 11 will oblige scientists pay for mentioning the works of other researchers, and the entry into force of the new directive will slow down the development of an open science in Europe and the technological progress of mankind as a whole.
Maria Rehbinder (Maria Rehbinder), an expert in the field of copyright from the Association of European Libraries, stated that research libraries and university libraries already pay money to provide access to thousands of articles for researchers. Therefore, the latter should not additionally pay for quoting.
/photo verkeorg CC

Not so bad

However, the new directive still has a kind of "outlet". Marie Timmermann, head of the legal affairs department of the association Science Europe, argues that article 3 (p.43) allows the use of scientific works by public research organizations for the intellectual analysis of text and data ( text and data mining). According to article ? scientists are exempt from the requirements of the new directive provided that data analysis is conducted in the public interest and for research purposes.
However, this exclusion does not apply to private companies, which puts the European research projects that are sponsored from commercial funds in jeopardy. In addition, in article 3a (p.44) it is written that rightholders will be able to protect their content, including by means of technical means.

The future of Directive

On the morning of June 2? the Legal Affairs Committee of the European Parliament ( .JURI ) voted in favor of adopting a directive on the protection of copyright. This vote can be called the first step of the entry into force of the directive. However, neither contradictory articles 11 and 13 nor other provisions of the document will be considered official until it is approved by the European Parliament.
Joe McNamee, executive director of the international public organization European Digital Rights (
? EDRi
), emphasizes , that there are cases when the parliament rejected the draft laws, considering criticism from the expert communities. As an example, he cites the rejection of the Agreement on Combating Counterfeit Products ( ? ACTA ) In 2012.
The vote on the "missing" copyright directive will take place between December of this year and the first half of 2019. Therefore, there is a possibility that up to this point the parliamentarians may have will listen to to the opinion of the community and will amend the text of the document.
P.S. A couple of additional materials from the First blog about the corporate IaaS:
Protection of personal dаta: European approach
How to process personal data in the cloud
Personal data in the cloud: customer and cloud provider responsibility zones
P.P.S. Other articles on the topic from our blog on Habr:
"On the reform of copyright in the EU": why it is able to change the state of affairs in the Network
Why more than half of the companies were not ready for GDPR
CLOUD Ac: the new US bill opens access to foreign direct investment abroad
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