An overwhelming majority of the members of the European Parliament last week voted in favour of an overhaul of the European Copyright Directive as part of efforts to give the media, publishers and other creators more rights.

The changes, which have been the subject of intense debate for the past two years, are aimed at ensuring there is a level playing field between the bigger technology firms, such as Google and Facebook, and smaller publishers and content creators.

A total of 438 MEPs voted in favour of the new laws, while 226 were against and a further 39 abstained. The rules will now be discussed at European Commission level as the Member States reconcile their positions before a final vote is taken next year.

Two articles, Article 11 and 13, were the two key provisions which sparked the most outrage among opponents of the new rules.

Among other things, the two articles include new rules that will make it easier for broadcasters to reach audiences across borders, offering people better access and choice of content.

The bigger online platforms, which in the main were opposed to the changes being approved, will have to provide rights holders remuneration for the use of content. Member States will also be obliged to make sure that authors receive the appropriate payment for their work when used by service providers.

Take someone who publishes a book. Someone else cannot simply go out, make copies at a photocopier’s and sell the book to make a profit

The updated laws also stipulate that certain online platforms, such as YouTube and Facebook, must forbid users from sharing unlicensed material that is copyrighted.

Those campaigning against the new laws had for months warned that the change could prevent private individuals from sharing certain content online, mainly articles and memes, claims that have since been dismissed by the EU lawmakers who have insisted that the fresh rules will in no way stop users from sharing such material.

How will the proposed changes impact you?

The measures that EU lawmakers agreed upon are unlikely to impact the ordinary user, MEP Francis Zammit Dimech has confirmed, insisting that the rules are aimed at addressing shortcomings in the law that impact smaller media houses and content creators.

“Those against the new laws were promoting the idea that normal users, namely those who make use of the internet without creating content, would not be able to share memes or other forms of parody. This is not the case and the issue has been clarified even further in the fresh directives proposed earlier this week,” the MEP told The Sunday Times of Malta.

He insisted that while there were laws safeguarding people who created material such as books and similar content, there were no such rules for those that who produce work online.

“Take someone who publishes a book. Someone else cannot simply go out, make copies at a photocopier’s and sell the book to make a profit. The new laws will see that this does not happen online,” the PN MEP, who has campaigned in favour of the changes, pointed out.

He reiterated that the issue with memes and other manipulation of material to create parody would not be impacted by the proposed laws, adding that the issue was clarified further in the final text approved in Parliament this week.

Dr Zammit Dimech was quick to dismiss fears that the new rules threatened freedom of expression, insisting instead that the fact that journalists, publishers and all other creators would be fairly remunerated meant that people were being encouraged to exercise their freedom of speech.

“People who might have held back from exercising their right to express themselves because they feared their work would be used without them getting any remuneration can be assured that this will not be the case,” Dr Zammit Dimech added.

Reactions

The MEPs’ decision was welcomed by a number of local artists, writers and creators who have for months been backing the proposed changes. 

Joseph Calleja – tenor

“Thrilled about this vote and the future of recording music. Thanking all those who voted with common sense.”

Mark Camilleri – National Book Council chairman

“The vote in favour of the copyright directive by the European Parliament shows that the EU is still capable of defending the interests of its culture industries against global-internet monopolies. This is a great day for European culture industries.”

Grandayy – YouTube content creator

“Article 13 has supposedly good intentions, i.e. protecting the copyrights of artists and increasing their remuneration from online content. But it has a major flaw, which is the forcing of social media websites to install automated filters that scan all user-generated content for copyrighted content, similar to YouTube’s Content ID system.”

‘Totally relieved… we finally have a common position’

German MEP Axel Voss said he is “totally relieved” that, after a two-year debate, the European Parliament voted in favour of the changes, insisting that it was high time there was a common position on the matter.

In comments to The Sunday Times of Malta after the European Parliament vote, Mr Voss, the rapporteur tasked with the overhaul, insisted that platforms were “hiding behind” e-commerce laws to get away with infringements.

“We are saying that we want the platforms to be just as liable and that they remunerate the creators,” Mr Voss said. He pointed out that while the creators were rejoicing at the prospect of having their work better recognised, the new rules were merely aimed at clarifying things that were already in place.

On criticism that the new laws could impinge on people’s freedom of expression, Mr Voss insisted that he could not see how the change would lower the level of such freedoms, insisting that this has nothing do with the sharing of memes or any other such material that is commonly shared online.


Article 11 – Remuneration for journalism

Of all the rules that have been subject to scrutiny in recent years, those in Article 11 and 13 were the two that received the most attention.

Article 11, which those against the change have dubbed the “link tax”, will ensure that journalists and press publishers receive “fair remuneration” for the use of their articles, with the press being financially independent from platforms.

This, the EU lawmakers believe, would also safeguard quality journalism, with journalists getting a share of the press publisher’s remuneration.

The provision will continue to allow the private use of press articles as well as ‘hyperlinking’, which is when a link to a page or article is shared accompanied by “individual words”.

Article 13 – Content uploads

Meanwhile, Article 13 specifically targets those platforms that upload content onto their websites, with the lawmakers insisting these should take “more responsibility” for the work on their sites. So-called European ‘rightholders’ – artists, musicians, authors and others – would be entitled to fair remuneration from the platforms using their work.

Platforms such as Spotify, iTunes, Netflix, eBay, Wikipedia, dating platforms and software developing platforms, blogs, private homepages and Dropbox do not fall under Article 13.

Platforms will also be required to hold licences with the rightholders while making sure that copyright and liability are “in a better balance,” the lawmakers insisted.

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