The European Union has approved a new directive on copyright - how it will affect the Internet
In one of our materials we told that the European Parliament is considering a new directive aimed at tightening the rules for distributing content on the Internet. And last week was the final version of is approved. of this document.
We will describe how the directive, which has already been dubbed " the murderer of memes ", Will affect the work of news sites, social networks and simple Internet users.
/photo Kristina Alexanderson CC
About the content of the directive
Work on the new directive began several years ago. Its goal was to replace the law adopted back in 200? since since that time the practices and approaches to the distribution of content have changed dramatically in the world. The new law should limit the capabilities of large online platforms (like YouTube and music streaming services) and help content creators protect their intellectual property rights.
The most significant in the document are two articles - numbers 11 and 13. The community gave them the following unofficial names: "tax on links" and "download filter", respectively.
Article 11 obliges social networks, news aggregators and so on to ask permission to distribute news content from the owners of the publication. As for Article 1? it obliges the content platform to check all the materials uploaded by users and to filter content that violates any copyright.
In the original version, the draft directive caused many disagreements and was rejected in the first reading in July. Therefore, to reconsider the last week of the directive, the authors of the draft amended articles 11 and 13. And in this form the law was approved by the European Parliament.
Now the law does not affect the work of online encyclopedias, services for placing open source code and trading platforms ( ? p. 10 of document ).
Article 11 will not apply to users who use content for personal or non-commercial purposes.
The amendment states that online publications will be able to use information from other articles without citing source material. The second edition allows the use of hyperlinks to third-party texts. However, citations of passages still need to be coordinated with the publication in which the material was published.
As for Article 1? its old version called for the introduction of services for automatic recognition of unlicensed content. In the new version of the document, this wording was removed. Now the directive invites EU member states to determine on their own how best to regulate the content downloaded by users (page 31 of the document).
How and to whom will affect the directive
The first version of the directive on copyright was written as a law, which " will ban memes ". In the new version the authors are clarified that the non-commercial use of content is not subject to the law.
Nevertheless, the directive does not specify where this boundary between personal and commercial use of content passes. Therefore, under the threat of can be bloggers or popular users of social networks with a large number of subscribers.
Article 11 limits the ability of publications to quote other materials. Without the permission of the publisher of the original text, the media will be able to publish only a link to it or individual words.
The directive will also oblige news aggregators to negotiate with online resources about cooperation. The implementation of this rule will depend on the specific country, but similar laws have already been adopted in the past by a number of European states and have proved ineffective.
In 201? Spain obliged news platforms to pay publications for placing links to materials. As a result, the country was closed by Google News, and traffic to news sites fell by 15%.
According to Article 1? online services will be responsible for all content posted by users. This item caused even more controversy among the IT community. A number of deputies of the European Parliament believe that Article 13 will limit the development of start-ups and interfere with the work of independent content creators.
Representatives of the non-governmental organization Liberties say , that in fact the rules still oblige the platform to implement automatic content filters. Although the point about the need to introduce such systems was removed from the text of the directive, the services do not have another possibility to track all the downloaded information. And here there is one more problem - such algorithms are often mistaken.
Professor of Music Ulrich Kaiser (3 r3r3135). held
an experiment with the YouTube system called Content ID, which tracks the use of unlicensed music in the video. Kaiser uploaded commercials with music that is in the public domain - these were works by composers who died more than 70 years ago. Nevertheless, the system has repeatedly reported copyright infringement.
At the same time, Content ID is one of the most expensive content recognition systems. Her creation is cost Google in 60 million dollars and 50 thousand man-hours. At the same time, the situation remains when holders of related rights to the execution of those works that have become public property, have the opportunity to broker or monetize other people's videos with a similar work (but in a different version).
Developing a download filtering tool will be a challenge for large companies, especially for image publishing services and social networks like Pinterest, Tumblr or Instagram. This will require spending not only on the technical solution, but also on royalties for millions of photos. Edition of PetaPixel considers that such requirements can lead to the closure of social platforms in Europe.
/photo Leon Yaakov CC
The further development of events
The authors of the document say that the new law will affect only large companies and will not restrict the dissemination of information on the Internet. But much will depend on from the implementation of rules in specific states, because the laws of individual countries will have a serious impact on the operation of online services.
The next stage of the "development" of the directive is a closed discussion of the project with representatives of the EU countries and the European Council. Then the document will be reviewed again in the European Parliament, where they will make a final decision. Voting will take place in early 2019.
P.S. What else do we write in our IaaS blog:
On the personal data in the cloud: for which the customer and the cloud provider are responsible.
How to process personal data in the cloud and not violate the law
What concerns personal data from the point of view of the Russian regulator
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