The European Parliament has approved a controversial set of new rules on copyright which state that media giants should pay more for the content they use. The legislation also makes companies like Google and Facebook responsible for the content uploaded by their users, asking them to provide “fair and appropriate licensing agreements with rights holders.” According to the proposal, publishers should and will be given the right to manage the way in which their articles will be featured by news aggregators. Experts voice their concern that the new laws will make “content filters” essential for online platforms and this, in turn, will result in censorship. The European Parliament is expected to start negotiations with the European Council and all Member States for a final version of the bill.
What does the law say?
The “Copyright in the Digital Single Market” states that “the increasing imbalance between powerful platforms and press publishers, which can also be news agencies, has already led to a remarkable regression of the media landscape on a regional level.” The bill goes on to say that while publishers of press publications are not regarded as right holders, licensing and enforcement in the sector will remain complex and inefficient. The bill is regarded as one of the most invasive internet laws in European history, as it stresses the need for compulsory copyright filters (Article 13), and also gives news media the right to control the text of links to their articles (Article 11).
While proponents of the law say that all Member States are expected to provide legal protection for press publications in the E.U., some argue that the new regulations could change the Web as we know it. Critics also fear that the bill could impact countries far beyond Europe, as the General Data Protection Regulation (GDPR) did. As the European Parliament rejected a previous draft of the bill in July, the new version introduces various amendments meant to respond to accusations that the new law might repress free speech. It also makes online content sharing service providers responsible for their content by saying they perform an act of communication to the public.
The other side of the story
The new copyright laws may reflect not only on news publications and online platforms but also on the music industry. More specifically, platforms like YouTube may have to ask the right holders’ permission to post videos. Over 1,300 artists backed the new law, including Plácido Domingo, James Blunt, Francis Cabrel, The Vienna Philharmonic Orchestra, and Sir Paul McCartney. The latter signed an open letter addressed to the European Parliament saying that “some User Upload Content platforms refuse to compensate artists and all music creators for their work, while they exploit it for their own profit.” But other artists, like musician Wyclef Jean, voiced their concern about the new laws and went as far as to say that the European Parliament should “embrace and improve the internet, rather than attempt to block and hinder it.” He went on to argue that musicians everywhere have more to gain by collaborating with platforms than fighting against them.
While giants like Google, Apple, Facebook, and Amazon have decided not to openly fight against the law, they did mention that the new rules may destroy the internet by requiring them to implement “content filters” to scan for copyright breaches. The tech firms also say that the filters won’t be able to differentiate between businesses or individuals posting the content and that many mistakes will be made. Even so, opposition to the law has been mild and only Wikipedia actually took some measures in order to draw attention. The organization closed down some pages in different countries as a form of protest at the plans. Jimmy Wales, the co-founder of Wikipedia, was one of those who openly opposed the bill. He was joined by the likes of Tim Berners-Lee, also known as the inventor of the World Wide Web.
The “Copyright in the Digital Single Market” law is intended to upgrade copyright legislation and protect publishers and artists. Yet it is undoubtedly one of the most controversial pieces of legislation regarding the future of the internet. While critics argue that it may even cause the death of the internet as we know it, supporters hope it will ensure new rights for news publishers, content creators, and artists.
