March 28, 2024

What is Article 13? Are gifs and memes illegal now? The EU’s controversial new copyright directive explained

And on Tuesday, Google said that the EU’s copyright reforms would produce legal uncertainty and hurt Europe’s creative and digital economies. Reddit, Wikipedia and PornHub were among those who protested against the reforms last week, calling on users to lobby their representatives in the European Parliament to vote against them. Article 13 is part of the EU Copyright Directive, which is designed to make tech giants more responsible for paying creatives, musicians and news outlets more fairly for their work. It will now be up to the EU’s member states to enact Article 13 and the Copyright Directive. Each country within the EU will be able to interpret the law and how it should be implemented in its own ways. Therefore one country may decide that “upload filters” should be implemented using one tool, while another may understand the law in a different.

Its stand is that big tech (YouTube, Facebook, Twitter and the like) are taking advantage of user content and lining their pockets while not doing enough to support said content creators. The vote will also exclude non-commercial uploads, like those on Wikipedia and open-source platforms like GitHub. Additionally, “start-up platforms will be subject to lighter obligations than more established ones” and content filters are not a specific requirement for platforms.

  • It does seem like a great thing, as unique content will be protected against mass copying.
  • Thankfully, memes and GIFs will still be allowed, thanks to recent tweaks to the law.
  • Critics say many of them will simply opt to set up in the US instead.
  • These rules will apply to services that have been available in the EU for more than three years, or have an annual turnover of more than €10 million (£8.8 million).
  • Digital rights group EDRi Senior Policy Advisor Diego Naranjo told the Verge that the images weren’t an “unreasonable interpretation of the legislaton.30 “They’re just trying to show what Article 11 will push them to do.

Article 13: A guide to the new EU copyright rules and the ban on memes

However, unlike the contention surrounding Article 13, the GDPR was generally viewed as a positive step in an ongoing effort to protect the privacy of internet users. No, Article 13, which became Article 17 in the final version of the directive, did not end up banning internet memes. Ms Vasquez Sura said in a statement on 16 April that she had decided not to follow through with the court process at the time and that she and her husband “were able to work through this situation privately as a family, including by going to counseling”. According to his lawyers, Mr Abrego Garcia has never been convicted of any criminal offence, including gang membership, in the US or in El Salvador. He lived in the US for 14 years, had three children and worked in construction, according to court records. By that time, Abrego Garcia had applied for asylum and similar forms of relief in an attempt to prevent his return to El Salvador, where he feared persecution by Barrio 18.

YouTube, and YouTubers, have become the most vocal opponents of the proposal. Big changes are coming to online copyright across the European Union. After years of debate and negotiations, politicians have passed sweeping changes following a final vote in the European Parliament. Following the post, some MEPs stated that they were unclear about what they were voting for. On March 26th, 2019, the European Parliament approved the copyright directive. 348 voted in favor of the legislation, 274 voted against it and 36 abstained from the vote.

Inside Elon Musk’s government-subsidised Texas headquarters

However, critics say the opposite is true, with smaller websites most adversely affected by the directive. Certain services are exempted, including non-profit encyclopaedias like Wikipedia, software development platforms like Github, and best mt4 forex brokers 2021 metatrader 4 brokers top 10 list cloud storage services. This is simply a suggestion, with all the foundations of a law, for the governments residing in the EU. Surely, one government will eventually adopt it to “protect their content creators,” and through the effect of globalization it will slowly spread. This already exists at some scale with YouTube, which has a neural network identify copyrighted works such as TV shows and music. We’ve seen how that works out- frequent errors in judgement with long response times from a company whose business thrives on having content.

  • That would make it more difficult and costly to create new code from scratch.
  • The descriptions of those documents provided here are based on characterizations of them provided by Kessler in her ruling and Abrego Garcia’s current attorney in his complaint.
  • But that introduces several other challenges for sites that rely on user-generated content (UGC).
  • On October 22, YouTube CEO Susan Wojcicki published a blogpost warning against the impact of the Directive.
  • Critics claimed Article 13 would have made it nearly impossible to upload even the tiniest part of a copyrighted work to Facebook, YouTube, or any other site.

Of course, it’s perfectly possible that the Indian government will, in the interim, pass an Article 13-inspired directive in India as well. The wording is vague enough that it may or may not be illegal for someone attending a sporting event (a cricket match, say) to share price action patterns images and video of the event on social media. While the directive makes exemptions for smaller companies (your little-read blog is not likely to be held legally liable for the content on it), popular, but still relatively low-income platforms like DeviantArt are going to struggle. Twitch, one of the largest game streaming platforms in the world, has pointed out thatstreamers in the EU will have to share clearances, ownership information and more. They also note that content available on the platform will have to be, by legal necessity, severely restricted. Meanwhile, posts about the passage reached the front page of /r/europe,20 /r/ukpolitics21 and /r/worldnews.22 Meanwhile, image macros criticizing the vote reached the front page of /r/memes24 and /r/PewDiePieSubmissions23 (shown below).

The problem is that content sharing/aggregation platforms might not be able to tell parody apart form defamation, and given the legal repercussions, may not even consider it worth the risk. The problem is that the definition of copyrighted content extends to memes, gifs, and even videos of you singing along to that Katy Perry song in the shower. The European Union is on a mission to revamp copyright law and give more power back to content creators.

A popup on the YouTube website and app directs users to a page with the title “#saveyourinternet” which includes a video from YouTube explaining the firm’s objections to the directive. In the video, Matt Koval, a content strategist at YouTube argues that – in its current form – Article 13 “threatens hundreds of thousands of creators, artists and others employed in the creative economy.” The European Union Directive on Copyright in the Digital Single Market, to use its full name, requires the likes of YouTube, Facebook and Twitter to take more responsibility for copyrighted material being shared illegally on their platforms. Critics argue that the law doesn’t achieve its purpose, that it will kill smaller content sharing platforms and creators and encourage censorship for fear of legal repercussions. The final version of Article 13 says services must make “best efforts” to remove copyright-protected videos in cases where “the rights holders have provided… the relevant and necessary information”. “It’s about making sure that ordinary people can upload videos and music to platforms like YouTube without being held liable for copyright – that responsibility will henceforth be transferred to the platforms,” he said.

Let us catch you up on all of the biggest tech news from the week. Maybe, but be prepared to spend on some key services and accessories. If we have a deal, the legislation will likely be translated into UK law but if there is no deal we understand that it won’t apply to the UK. CEO Michael Dugher added “We are massively grateful to the MEPs who supported us in this fight and voted in favour of the Copyright Directive against a tide of misinformation from our opponents”.

What is Article 13? The EU’s divisive new copyright plan explained

Article 13 says it shall “in no way affect legitimate uses” and people will be allowed to use bits of copyright-protected material for the purpose of criticism, review, parody and pastiche. This would be a requirement for all sites accessible within these countries, like GDPR. Unlike GDPR, this is not in the best interest of users, but rather large corporations with vast amounts of copyright material. To this day, even with the meme ban never occurring, a quick internet search for Article 13 yields several negative responses and old content from 2019. Many people interpreted it to mean that snippets and images from a news story are still subject to the link tax, including big names like Google.

The European Parliament said that memes would be “specifically excluded” from the directive, although it was unclear how tech firms would be able to enforce that rule with a blanket filter. It was Article 13 which prompted fears over the future of memes and GIFs – stills, animated or short video clips that go viral – since they mainly rely on copyrighted scenes from TV and film. Article 13 does not include cloud storage services and there are already existing exemptions, including parody, which, for example, includes memes. Copyright laws which critics say could change the internet have been voted in by the European Parliament. YouTube content creators who create covers for famous tracks (like this one) will also be in violation of copyright. That day, YouTubers Styxhexenhammer666 and The Thinkery uploaded videos reacting to the news (shown below).

Australian govt upset as Meta announces to deprecate Facebook News, stop journalism funding deals

Additionally, they must moderate the content to identify copyright infringement. The proposal could limit freedom of expression and harm independent creators. Artilce 11 would require extra copyrights for news or media outlets, requiring anyone who would like to link to a news site must first get a license from the publisher. The biggest issue is that in an effort to save time and resources, most websites would just ban copyrighted material outright in their terms of service. That would allow them to avoid risking even the whiff of legal trouble.

Europe-wide protests are planned to take place on 23rd of March (according to European Digital Rights) with maps showcasing the place of protests and where to gather in certain cities that are joining the protest. “The details matter and we look forward to working with policy-makers, publishers, creators and rights holders, as EU member states move to implement these new rules,” it said. Many musicians and creators say the legislation will compensate artists fairly – but others argue that they will destroy user-generated content.

Explore by subject

It’s an already unpopular system due to its propensity for false positives and abuse, and this would be heightened if potentially infringing videos could not be uploaded at all. Proponents of the Directive on Copyright argue that this means that people are listening to, watching and reading copyrighted material without the creators being properly paid for it. Currently, platforms such as YouTube aren’t responsible for copyright violations, although they must remove that content when directed to do so by the rights holders. The Directive has only been passed by the European Parliament and the wording isn’t yet final.There’s also a lengthy legal process to be followedbefore individual EU member states are directed to implement it. All in all, the process could take 2-3 years and the content of the Directive could see major changes by then.

The European Union has passed a wide-reaching update to copyright laws, the first since 2001. Most of the changes in the EU Copyright Directive are uncontroversial, setting out how lmfx review copyright contracts are managed and licensed, but Article 13 could have a huge impact on how material is shared online. Put simply, it makes websites responsible for ensuring that content uploaded to their platforms doesn’t breach copyright.

Currently, YouTube can use algorithms and other clever sauce to detect copyright content after it has been uploaded, sometimes this can be a long time after upload. And generally your content is not removed, you just can’t put advertising against it. As Shriane points out, the directive restates that copyrighted content is able to be used for the purposes of criticism, parody and pastiche. German MEP Julia Reda suggested services would have to “buy licences for anything that users may possibly upload”, external and called it an “impossible feat”. The final version of a controversial new EU copyright law has been agreed after three days of talks in France. Music and video producers have lobbied hard to see the new changes passed.

Leave a Reply

Your email address will not be published. Required fields are marked *