So what exactly is the EU copyright reform?
15, July 2019
The EU’s reform about copyrights is a new law that could change the use of the Internet in Europe. Forever.
According to leading experts, the freedom of movement of all the information on the Internet is under serious threat.
Which raises the question of: why should this reform threat the freedom of communication across Europe?
To better understand, it is crucial to introduce what exactly the EU copyright reform is and what articles 11 and 13 are.
So what exactly is the EU copyright reform? It is a new draft law approved by the JURI (the Legal Affairs committee of the European Parliament) on 12 September 2018, whose aim is to ensure the right balance between copyright and relevant public policy objectives such as research, education and innovation. And it needs to be implemented by articles 11 and 13.
And it needs to be implemented by articles 11 and 13.
1) Article 11 says: “Anyone using snippets of journalistic online content must first get a license from the publisher. This new right for publishers would apply for 20 years after publication.”
Article 11 was created to regulate the relationship between publishers and content creators and the portals that collect and aggregate news (i.e. aggregators). To date, anyone can create an aggregator and allow users to stay updated by reading titles and short extracts without paying anything. It is, in fact, a sort of search engine that “composes” a newspaper that is always up to date with the news of the moment. Example? Google News.
2)Article 13, wants to regulate the relationship between the platforms that allow the publication of material and content by users and holders of various copyrights.
The law will oblige platforms such as YouTube and Facebook to obtain license specifications that allow their users to upload videos or audio tracks of songs, films and videos protected by copyright.
Last February, for example, Facebook was convicted of copyright infringement for hosting links on the platform that led to pirated content whose license is owned by Mediaset.
Why is all this reform talk important?
1) Fair to fail: because this kind of change has applied to the Spanish and German legal systems without any positive feedback. Also, there could be problems with different constitutions of each European country.
2) A shot to the hyperlink system: any limitation on snippets is, at the same time, a restriction on linking.
3) Reducing access to information and freedom of expression.
4) Could dis-incentivise the sharing of new content.
5) New start-ups and smaller publishers could have problems in reaching new audiences.