EU governments last week endorsed the final text of the controversial European Copyright Directive, which would hold platforms such as YouTube, Google and SoundCloud responsible if users upload copyright-protected material.
MEPs will vote next month on whether the final version of the directive becomes law. The reform aims to make copyright law fit for the digital era—the EU’s most recent copyright laws date back to 2001. However, the proposed directive has been hotly contested even though extra safeguards and exceptions have been added. Notably, opponents argue say the Art 13 requirement to license material in case users upload it is impossible to fulfil and would curb freedom of expression.
Zoey Forbes, associate in technology, media and entertainment at Harbottle & Lewis, said: ‘Under the new rules, rights-holders will receive additional revenues from the use of their works online as well as greater protection from online copyright infringement.
‘However, as with all things, the devil is in the detail and some may feel the safeguards offered to the tech industry have not only watered down the EU’s original objectives but will actually leave certain rights-holders worse off. Conversely, the tech industry and those advocating for freedom of expression are unlikely to be appeased by these safeguards and will probably continue to oppose the directive on an ideological level.
‘At the same time, the Brexit factor may come in to play for those operating in the UK, who will not necessarily be obliged to follow the new rules if the UK either leaves the EU without a deal or the directive is not implemented by the time the UK leaves.’
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