The European Parliament has adopted a proposal of\nthe Directive on Copyright in the Digital Single Market that, as it\nseems at least for now, deepened the gap between big internet companies\nand authors, journalists and other artists, due\nto the fact that intellectual creations so far have freely\ncirculated in the internet.<\/p>\n\n\n\n
The Directive stipulates that prior to the publication of content, the\ninternet company would have to purchase licence from media publisher,\ncollectively referred to as “link tax”, i.e. the Directive provides\npayment of internet service fees for each set of links to news published for the\nlast 20 years. In addition to this Article 11, the article that has caused\nthe most criticisms is Article 13 of the Directive, and the same provides for\nthe installation of an “upload filter” to ensure protection from\ncopyright infringement in relation to all contents placed on the internet\nthroughout the European Union. Therefore, the internet companies have to use\nthe “upload filter” for all contents to determine whether there\nis author’s consent for\npublishing the same or publishing the same would\nbe treated as infringement of copyright, while the “link tax” which has to\nbe paid imposes an obligation for internet platforms that\nwithin the frames of a single digital market a royalty should be paid to authors for all published\ncreations, even if it relates to quotes, and\nthe amount should be negotiated with respective authors.<\/p>\n\n\n\n
\nIn fact, these two articles of\nthe Directive (Article 11 and Article\n13) are the most disputed by\nthe internet companies and news agencies, since these\narticles are undefined, i.e. these articles do not specify which\nparticipants are excluded from the application of\nthe Directive, and therefore liability for copyright\ninfringement switches to the internet companies. <\/p>\n\n\n\n
From all the above stated, it is evident that for unauthorized\ndisclosure, large Internet companies will take over the responsibility so they\nwill have to conclude contracts with interested parties in advance, set up an automatic\nfiltering software to prevent copyright infringement and ultimately pay fees to\nauthors.<\/p>\n\n\n\n
The issue of implementation of the Directive, especially when its\nopponents are the largest Internet giants (GAFA) must\nbe separately elaborated and identified, and the method and measure of implementation\nof the Directive in non-EU countries, which are certainly covered by this\nDirective, must be determined. Although the idea of the Directive itself\nis, that authors receive compensation for contents published by other portals\nand social networks, these regulations will have a different impact on the\ncompanies as a number of companies will have the resources to acquire filtering\nsoftware and pay fees, while smaller companies will still need to calculate if\nthey want to survive on the market.<\/p>\n\n\n\n
Given that the approaches and opinions on the adoption of the Directive are contradictory, and that lobbying between large Internet companies and news agencies continues, it implies that the implementation of the Directive will be quite a long process.<\/p>\n\n\n\n
Author: Ognjen Bogdanic<\/p>\n\n\n\n
E-mai: ognjen@afsajic.com<\/p>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
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