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Message: <blockquote data-quote="Angel" data-source="post: 10655" data-attributes="member: 980">Approval of Draft EU Copyright Directive (@Kit)The story: Last week, the European Parliament approved the final draft of the Copyright Directive.Under Article 15 of this Directive (previously Article 11), if platforms do not negotiate licences with publishers and journalists or if publishers do not waive their rights, platforms will not be able to reproduce longer fragments of articles under headlines. Individual words and “very short extracts of a press publication” are not covered by this. Hyperlinking and “private or non-commercial uses of press publications by individual users” are also exempted from this. Under Article 17 of this Directive (previously Article 13), online platforms must negotiate licenses for copyright protected works like songs or video clips before publishing user-uploaded content that incorporates them. They must also use their “best efforts” to remove copyrighted user-uploaded content that infringes copyright and prevent their future upload. Content uploaded for the purposes of caricature, parody or pastiche is exempted from this. Also, platforms which have been operating for less than three years in the EU, have a turnover of less than €10 million, and fewer than five million monthly users are subject to lighter obligations. Moving forward, the Directive must be approved by the European Council. If so approved, the EU’s 27 member states will have two years to implement the Directive following its publication in the Official Journal of the EU.Impact on businesses and law firms:This Directive is likely to increase the remuneration available to publishers, broadcasters and artists, as well as their ability to enforce their copyright via, for example, collective licensing agreements. However, there is some legal uncertainty as to scope of this Directive applies. For example, although organisations that have been exempted from the rules under this Directive include non-profit online encyclopaedias and open-source platforms, it is unclear what other types of organisations are exempted. Also, concepts such as the extent of extracts can be exempted from this Directive are open to interpretation. Furthermore, it is unclear how the obligations under this Directive interacts with the “safe harbour” provisions in the EU’s e-Commerce Directive. The Directive has been criticised for effectively imposing an unduly burdensome and expensive obligation on online platforms to install upload filters for a wide range of content. This can, in turn, impede the growth and innovation of start-up online companies. There are also concerns that certain platforms might shut down or limit their services in the EU toavoid the increase in the obligations placed on them. IP and TMT practices are expected to handle more work in drafting and negotiating the relevant licensing agreements, as well as advising content producers of their rights and content platforms on their policies to ensure compliance with the Directive. There might also be more litigation as to the interpretation of the scope of the Directive.</blockquote>

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