With the new EU Copyright Directive, the position of copyrights holders is in flux the coming two years. Online platforms will be responsible for ensuring copyrights on content you upload. In practice this will mean that YouTube, Facebook, and all those other platforms will filter out content where they have doubts concerning origin, license or metadata. For makers this is a direct threat, as they run the risk of seeing their uploads blocked even while they clearly hold the needed copyright. False positives are already a very common phenomenon, and this will likely get worse.
With Filtermeniet.nl (Don’t filter me) we want to aid makers that want to upload their work, by inserting a bit of advice and assistance right when they want to hit that upload button. We’ll create a tool, guide and information source for Dutch media makers, through which they can declare the license that fits them best, as well as improve metadata. In order to lower the risk of being automatically filtered out for the wrong reasons.
As of today it is final: the new EU copyright directive has been adopted (ht JuliaReda). I am pleased to see my government voted against, as it has in earlier stages, and as my MEPs did. Sadly it hasn’t been enough to cut Article 11 and 13, despite the mountain of evidence and protests against both articles. It is interesting and odd to see both Spain and Germany vote in favour, given the failure of their respective laws on which Article 11 is based, and the German government coalition parties stated position of being against content filters (i.e. Article 13).
Over the next two years it is important to track the legislative efforts in Member States implementing this Directive. Countries that voted against or abstained will try to find the most meaningless implementation of both Articles 11 and 13, and will be emphasising the useful bits in other parts of the Directive I suspect, while subjected to intense lobbying efforts both for and against. The resulting differences in interpretation across MS will be of interest. Also looking forward to following the court challenges that will undoubtedly result.
In the mean time, you as an internet-citizen have two more years to build and extend your path away from the silos where Article 11 and 13 will be an obstacle to you. Run your own stuff, decentralise and federate. Walkaway from the big platforms. But most of all, interact with creators and makers directly. Both when it comes to re-using or building on their creations, as when it comes to supporting them. Article 11 and 13 will not bring any creator any new revenue, dominant entertainment industry mediators are the ones set to profit from rent seeking. Vote with your feet and wallet.
Sadly both the controversial Article 11 and 13 of the new EU Copyright Directive have been approved by the EU Parliament, despite strong criticism also from those content creators it is supposed to protect. Later this year a vote on the final proposal will take place, after the European parliament, the EU Commission and the Council (the national leaders) have worked out a common text. German MEP Julia Reda, like Dutch MEP Marietje Schaake, has stood against these proposals for a long time, and she blogs about the result.
I’ve mailed all Dutch MEPs ahead of the votes taking place last July, but only the ones that agree with my views ever write back. No argumentation of those in favour.