FAQ 2018-09-17T20:06:34+00:00

Live on Twitter

Culture is under attack in Europe, we need your help ! #EuropeForCreators https://t.co/xT661XHZ1m @EUForCreators

Why Duplicate, Why not Copyrighted ?
"YouTube is cracking down on creators who post duplicated content "
https://t.co/vQKM9qkqUr #copyright #youtube #makeinternetfair #europeforcreators
𝘿𝙪𝙥𝙡𝙞𝙘𝙖𝙩𝙚, or 𝘾𝙤𝙥𝙮𝙧𝙞𝙜𝙝𝙩𝙚𝙙 ?

"The digital world cannot be a law-free area" and certainly not at the expense of what is the very essence of freedom of expression and democracy: plurality of creations, creators and authors #copyright #europeforcreators #europeforcreativity @HelgaTruepel @VRoziere @AxelVossMdEP

Europe and its #castles - our contribution to the blog parade #SalonEuropa is now online in English https://t.co/cEKCbEmt0L 🌍#schlösser_zu_tisch #SchlossGenuss #SharingHeritage #Europe #EuropeForCulture #europeforcreators #Europa @europanostra #blogparade

Važno obaveštenje za sve naše klijente koji u u Evropskoj uniji: Evropski parlament uvodi nove direktive koje menjaju internet https://t.co/ZrOzABk2x1 #eu #copyright #europe #europeforcreators

The #Copyright Directive saga clearly shows that the EU can heavily affect creators' livelihoods. So... Vote accordingly in May '19! More: https://t.co/HsPLzwk5tP #ThisTimeImVoting #FixToV #EuropeForCreators @EMInternational @PetrosFassoulas @authorsocieties

Lancement de la 3ème table ronde Quel(s) régulateur(s) pour quelle régulation audiovisuelle ? #AudioCiné #numérique #piratage
#AudioCiné #europeforcreators

Un grand merci à @pierremoscovici qui conclu cette table ronde en apportant sa vision en tant que Commissaire européen.
Il est bon de rappeler que la régulation de l'audiovisuel à l'ère du numérique est aussi un défi européen. 🇪🇺
#AudioCiné #europeforcreators

For people so hell-bent on calling out censorship where it ain't, you sure are quick to block anything that doesn't fit your echo chamber #FixCopyright #IronyMuch #GoogleLobby #SaveYourDemocracy #EuropeForCreators @davidclowery @martinmcneil @neilturkewitz @crispinhunt @_C4C_

Ein paar Fragen und Antworten zu „Klicktivismus“ und anonyme Massen-E-Mails“ 👉 https://t.co/S0y5WbVb08
#EuropeforCreators #saveoursound #urheberrecht

First trilogue meeting on the #copyright proposal today, we call on all EU institutions to secure a strong & future-proof compromise which clarifies the obligations of platforms #EuropeforCreators

4Κ ACROPOLIS OF ATHENS https://t.co/CgOyvt4pYL via @YouTube

#MondayMotivation #MICHELINSTAR19 #EuropeForCreators #global #MustWatch #greece

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WHAT IS IN ARTICLE 13?

The Copyright Directive that was adopted on 12 September applies to platforms with user uploaded content that actively distribute creative works and generate their revenues from this. The final text of the Directive can be found here.

WHAT DOES THE DIRECTIVE DO?

The Copyright Directive clarifies that platforms such as YouTube and Facebook have to get licences (contracts) from representatives of artists or content creators. Large internet platforms will now be forced to negotiate with rights holders. This is an enormous step forward considering that to the present day, these platforms argued that they were not obliged to do so. These platforms either completely refuse to licence the content they actively provide access to, or impose take-it-or-leave-it deals at their own discretion due to the current vagueness of the law.

WHO DOES IT AFFECT AND HOW?

The text that was adopted today strikes a fair balance between the interests of creators, citizens and new businesses. It also clearly addresses the liability of tech giants for the protected creative content they distribute to the public. Unfortunately, the debate on the directive raised unfounded and misleading claims, mainly from the tech giants themselves, who argued that the Directive would have a negative impact on freedoms and privacy. The adopted text provides the necessary safeguards on those crucial points and ensures a sound framework in which freedom of artistic expression can flourish. For instance, the licences negotiated with platforms will cover content posted by the users of these platforms.

In essence, nothing much will change for users who will be able to use, post and share their works, as they always have, but with complete legal certainty. For creators however, a lot will change, as they will at last be fairly remunerated for the use of the works through the licensing deals made between themselves or their representatives (collective management societies, labels, etc.) and the platforms.

  • Films: Should some rights holders not want to negotiate licenses with major platforms, or should the platforms refuse a deal, platforms will have to make sure that the works in question are not put online. This may be the case of movie producers who do not want their films shown on platforms for varying reasons, like deals made with other platforms for distribution for instance.
  • Memes and mash-ups: Since in a majority of the cases, the services will be licensed, memes and mash ups including copyright protected works will not be affected in any way: the platforms’ licence will cover all uploader acts. Even in the case that the platform does not have the right licence, memes and mash-ups typically fall under parody or quotation exceptions are will therefore be entirely unaffected by the Directive.
  • Redress mechanisms: Moreover, the text provides a legal framework for consumers to complain and redress in case of an arbitrary practice by the platform. This is an important novelty that consumers do not have access to today. The text also provides, in case of dispute, the access to an independent authority or to the judicial authority

Freedom on the internet remains complete and unaffected by the Directive. However, the consequence of this Directive on the income of authors is game-changing as they will have the tools to negotiate with tech giants to get a fair share of the revenues generates thanks to their works.

WHAT’S NEXT?

The text that was adopted today will be discussed by three actors: the European Parliament, the European Commission (the Government of Europe) and the Council of Europe (where all countries are represented). These three actors will have to agree on the final version of the text. It should take a few months. This is called the trialogue.

In the end, the final text will be adopted by the European Parliament and transposed in each European country! We must remain mobilised and continue to fight for this text that will make history. Tech giants might not be paying their share of due taxes in Europe, but for now they will have to pay creators and artists.

COPYRIGHT DIRECTIVE : WHAT IS IT ?

Two years ago, the European Commission prepared a draft directive “on copyright in the single European market”. This legislation aims to reconcile digital copyright laws throughout the European Union.

Under this Directive, creative content on the Internet could flourish and while those who create it could be fairly compensated.

WHY IS A NEW TEXT ON COPYRIGHT REQUIRED?

Updating the way copyright is applied on the Internet has never been more critical.

Copyright is still governed by regulations implemented in June 2000 and June 2001(The E-Commerce Directive 2000/31 / EC and the INFOSOC Directive 2001/29 / EC). The challenge is that these laws are woefully outdated and the platforms most trafficked by citizens – Facebook and YouTube – did not even exist when this law was written.

The way people share content on the internet has changed dramatically. The existing legal framework does not address current digital challenges raised by user uploaded content platforms.

WHAT ARE THE CHANGES PROPOSED BY THE NEW COPYRIGHT DIRECTIVE?

Today, platforms like YouTube and Dailymotion are “passive;” or mere hosts for content under European Law. They claim to only store creative content, such as songs, videos, photos uploaded by users, and therefore should not be held responsible for what they provide access to.

However, this “passivity” is a myth. By collecting personal data and deploying algorithms that strategically promote certain posts over others, these platforms very “actively” maximise revenues.

The new Copyright Directive aims to make sure creators get paid for the content these platforms benefit from and to ensure that they respect the freedom of European content creators to choose when their work is used.

For instance, if a musician wants to be paid for the usage of their work, services like Facebook or YouTube should respect that request. Imagine spending two years recording an album. Two years of your time, energy and creativity. And now imagine hearing that very music being used in videos you have no connection with, without your consent and with no compensation? This happens every day.

The Copyright Directive guarantees that all creators in Europe have the opportunity to earn a decent living and don’t see their work only benefit large companies that pocket all the revenues. This measure will mainly benefit young talents who are working to expand their audience and earn a living from their works. It is a way to fairly give back to creators of any content in Europe: photographers, directors, musicians, actors, etc.

WHAT THE DIRECTIVE WILL CHANGE FOR THE USERS?

I am an amateur web user, and I sometimes use photos or pieces of music I find on the Internet. What will the Copyright Directive change for me? What can I do?

BEFORETHE COPYRIGHT DIRECTIVE

Right now, before adoption, you risk being prosecuted for infringement. In practice, the platforms on which you upload your videos are under the obligation to remove them or they are liable after being notified by the rights holders concerned.

AFTERTHE ADOPTION OF THE COPYRIGHT DIRECTIVE?

After adoption, and in the event that the platforms have negotiated agreements with the rights holders, these licenses will legalise posting content on those platforms:
they’ll negotiate for all the content they host, whether it is posted by them or by users. If you upload content for non-professional use, it means you’ll finally have a real certainty that what you do is legal.

WHAT THE DIRECTIVE WILL CHANGE FOR RIGHT HOLDERS?

Rights holders have already reached agreements with Internet platforms such as YouTube in order to remunerate creators and artists for the use of their works put online. In what way will the copyright directive change things?

BEFORETHE COPYRIGHT DIRECTIVE

These agreements solely depend on the “goodwill” of the platforms. In this context, they are not subject to any obligation of transparency regarding the resources generated by the exploitation of the works of creators they host.

AFTERTHE ADOPTION OF THE COPYRIGHT DIRECTIVE?

The new text creates an obligation for these platforms to negotiate agreements with rights holders. As part of this new obligation, platforms will need to be transparent and fairly compensate creators.

WHAT THE DIRECTIVE WILL CHANGE IN THE EUROPEAN UNION MEMBERS STATE?

Copyright has been the subject of extensive European regulation for more than 25 years. The new Directive will clarify and harmonise the status of platforms such as YouTube, Soundcloud or Facebook that make protected content uploaded by their users available.

WHERE CAN I FIND THE LATEST TEXT OF THE COPYRIGHT DIRECTIVE?

In 2016, the European Commission issued its draft Directive, which can be found here; this has served as the basis for discussion in the European Council and in the European Parliament.

In May 2018, the Council adopted its position. You can find the negotiated text the Council agreed upon here.

In July 2018, the European Parliament decided that the Report prepared by the Legal Affairs Committee was not ready to be used for negotiations with the Council and the Parliament. As a result, the Report is still on the table today. The Parliament will discuss and vote on the possible changes to the Directive on September 12th.

WHAT IS THE ARTICLE 13 DISCUSSION ABOUT?

Those on the other side of this debate are claiming that Article 13 in the Copyright Directive will result in censorship of the internet. This simply isn’t true. Misinformation, propagated by companies which have a vested interest in not sharing their income fairly with creators, are leading a campaign against Article 13.

WHAT ARE THE FACTS I SHOULD KNOW ABOUT ARTICLE 13?

Article 13 only imposes obligations on online platforms. It does not impose anything on the general public.

Article 13 makes it easier for the general public to create, post and share online content as it requires online platforms to get approval for doing this.

Article 13 will only be applied to online platforms whose main purpose is the distribution of creative content.

Non-commercial online encyclopedias, open source software and research repositories are explicitly excluded from the requirements of Article 13.

Article 13 is designed to benefit all creators alike. The professional creator will be paid for the use of their work, while uploaders benefit from obtaining all the rights they need through the platform.

Article 13 will not make memes illegal. It actually embraces them by providing further guarantees than there are today for users.

Article 13 will not kill remixes. Services that will be licensed, will be so for all usage of copyright protected content.

Article 13 will not harm small businesses and start-ups. Adapted licenses exist, and implementation will have to be proportionate, reflecting the specific size and scope of the service.

Article 13 will incentivise the licensing of creative content instead of mass-scale blocking.

Article 13 will not breach privacy or personal data and will be in full compliance with the General Data Protection Regulation. **

**all information is cited from http://love-music.co/

WHAT ARE THE NEXT MILESTONES?

  • On September 5th, Members of the European Parliament (MEPs)will have until noon to request changes to the Report (otherwise known as Amendments).
  • On September 12th, MEPs will gather in Strasbourg to cast their vote on the amendments, and then decide whether they adopt the Report as a whole. The results of the vote will be made public that day.

WHAT HAPPENS IF THE NEW TEXT IS ADOPTED?

If the text is adopted, Trialogues will begin.

Trialogues are discussions between the negotiators of the European Commission, the European Parliament and the Council of the European Union, with the aim of drafting a consolidated version that takes into account the three positions.

Once an agreement is reached, the final text is approved by the three institutions and then European Member States will enact the Directive into their legislative systems.

Good Amendments are adopted:

If the Report voted by the European Parliament is adopted along similar lines, the final result of the Directive will be: Happy creators and internet users!

Bad Amendments are adopted:

If the report voted by the European Parliament includes Amendments that break down the efforts on rebalancing the power between creators and tech giants, then all will depend on how discussions pan out in Trialogue. The result: Unknown!

WHAT HAPPENS IF THE NEW TEXT IS REJECTED?

If the text is rejected, the process must begin again in the European Parliament.

There will be no Trialogues, no further discussions and no further text amendments presented.

With a view to the upcoming European Parliament elections in 2019, it is highly unlikely that this Directive will remain in discussion. The likelihood that this Directive will move forward at all will be incredibly low.

The result: Internet platforms continue to profit as working artists struggle to make ends meet.

WHY IS THIS COPYRIGHT DIRECTIVE IMPORTANT?

The power wielded by Internet companies has grown significantly since 2000, and yet, their digital platforms largely depend on contents posted by users.

Incoming distribution in millions of dollars

Source : Citigroup, Top 50 Billboard Artist Revenue

Values in billions of dollars

Sources: publicly available information

Revenues Collected through online advertising according to eMarketer in 2018 in billions of dollars


Sources: publicly available information

Payments Youtube made to content creators


Sources: publicly available information

Audience of Youtube in percent


Sources: publicly available information

The new Copyright Directive must provide Europe with the means to enable more fairness in a sector where tech giants rake in billions in ad revenues thanks to the creative content they use. This is a question of ensuring that the revenues generated on these platforms–thanks to the work of artists and digital creators–are fairly distributed to them.

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