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Blog / Re: Article 11 of the EU Copyright Directive (link tax)
« Last post by ratty redemption on June 20, 2018, 11:47:29 PM »
ok, he he. same goes for the article 13 please.
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Blog / Re: Article 11 of the EU Copyright Directive (link tax)
« Last post by kat on June 20, 2018, 11:29:14 PM »
Yes, once the thoughts have formulated after the text has been through the EU Bureaucrat 2 Normie translator, its a little over-worked right now ;o).
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Blog / Re: Article 11 of the EU Copyright Directive (link tax)
« Last post by ratty redemption on June 20, 2018, 10:36:39 PM »
can you summarize that for us? i'm not very good at reading legal jargon.
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Blog / Re: Article 13 of the EU Copyright Directive
« Last post by kat on June 20, 2018, 10:06:19 PM »
Article 13 as amended and passed - content marked below in bold and underlined indicate amendments to the original text (full text/source);

Quote
Article 13
Use of protected content by online content sharing service providers

-1a. Without prejudice of Art. 3 (1) and (2) of the Directive 2001/29/EC online content sharing service providers perform an act of communication to the public and shall conclude fair and appropriate licensing agreements with rightholders, unless the rightholder does not wish to grant a license or licenses are not available. Licensing agreements concluded by the online content sharing service providers with rights holders shall cover the liability for works uploaded by the users of their services in line with terms and conditions set out in the licensing agreement, provided that these users do not act for commercial purposes or are not the rightholder or his representative.

1. Online content sharing service providers referred to in paragraph -1a shall, in cooperation with rightholders, take appropriate and proportionate measures to ensure the functioning of licensing agreements where concluded with rightholders for the use of their works or other subject-matter on those services.

In the absence of licensing agreements with rightsholders online content sharing  service providers shall take, in cooperation with rightholders, appropriate and proportionate measures leading to the non-availability of copyright or related-right infringing works or other subject-matter on those services, while non-infringing works and other subject matter shall remain available.

1a. Member States shall ensure that the online content sharing service providers referred to in the previous sub-paragraphs shall apply the above mentioned measures based on the relevant information provided by rightholders. The online content sharing service providers shall be transparent towards rightholders and shall inform rightholders of the measures employed, their implementation, as well as when relevant, shall periodically report on the use of the works and other subject-matter.

1.b Members States shall ensure that the implementation of such measures shall be proportionate and strike a balance between the fundamental rights of users and rightholders and shall in accordance with Article 15 of Directive 2000/31/EC, where applicable not impose a general obligation on online content sharing service providers to monitor the information which they transmit or store.

2. To prevent misuses or limitations in the exercise of exceptions and limitations to copyright law, Member States shall ensure that the service providers referred to in paragraph 1 put in place effective and expeditious complaints and redress mechanisms that are available to users in case of disputes over  the application of the measures referred to in paragraph 1. Any complaint filed under such mechanisms  shall be processed without undue delay. The rightholders should reasonably justify their decisions to  avoid arbitrary dismissal of complaints.

Moreover, in accordance with Directive 95/46/EC, Directive 2002/58/EC and the General Data Protection Regulation, the measures referred to in paragraph 1 should not require the identification of individual users and the processing of their personal data.

Member States shall also ensure that, in the context of the application of the measures referred to above, users have access to a court or other relevant judicial authority to assert the use of an exception or limitation to copyright rules.

3. Member States shall facilitate, where appropriate, the cooperation between the online content sharing service providers information society service providers, users and rightholders through stakeholder dialogues to define best practices for the implementation of the measures referred to in paragraph 1 in a manner that is proportionate and efficient, taking into account, among others, the nature of the services, the availability of technologies and their effectiveness in light of technological developments.
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Blog / Re: Article 11 of the EU Copyright Directive (link tax)
« Last post by kat on June 20, 2018, 09:49:03 PM »
Article 11 as amended and passed - content marked below in bold and underlined indicate amendments to the original text (full text/source);

Quote
Art. 11
Protection of press publications concerning digital uses

1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC so that they may obtain fair and proportionate remuneration for the digital use of their press publications by information society service providers.

1a. The rights referred to in paragraph 1 shall not prevent legitimate private and non-commercial use of press publications by individual users.

2. The rights referred to in paragraph 1shall leave intact and shall in no way affect any rights provided for in Union law to authors and other rightholders, in respect of the works and other subject-matter incorporated in a press publication. Such rights may not be invoked against those authors and other rightholders and, in particular, may not deprive them of their right to exploit their works and other subject-matter independently from the press publication in which they are incorporated.

2a. The rights referred to in paragraph 1 shall not extend to acts of hyperlinking.

3. Articles 5 to 8 of Directive 2001/29/EC and Directive 2012/28/EU shall apply mutatis mutandis in respect of the rights referred to in paragraph 1.

4. The rights referred to in paragraph 1 shall expire 5 20 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication. The right referred to in paragraph 1 shall not apply with retroactive effect.

4a. Member States shall ensure that authors, receive an appropriate share of the additional revenues press publishers receive for the use of a press publication by information society service providers.
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Blog / Re: Article 11 of the EU Copyright Directive (link tax)
« Last post by ratty redemption on June 20, 2018, 01:17:23 AM »
interesting, keep us updated please.
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Blog / Re: Article 11 of the EU Copyright Directive (link tax)
« Last post by kat on June 20, 2018, 12:33:00 AM »
There is some debate over links ("hyperlinks") being subject to the Directive in some quarters where paragraph (33) is quoted as rationale;
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... This protection does not extend to acts of hyperlinking which do not constitute communication to the public.
And paragraph (34);
Quote
...the rights granted to the publishers of press publications… should also be subject to the same provisions and limitations … including the exception on quotation for the purposes such as criticism or review.
Unfortunately these bits of text are from the Directives preamble not Article defined clauses, so have little (if anything) effect beyond laying out context - the presence of this type of preamble does not preclude the item of discussion from being subject to the Directive because the clauses themselves do not make that distinction.
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Blog / Re: Article 11 of the EU Copyright Directive (link tax)
« Last post by ratty redemption on June 19, 2018, 10:53:16 PM »
understood and agreed.
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Blog / Re: Article 11 of the EU Copyright Directive (link tax)
« Last post by kat on June 19, 2018, 10:12:51 PM »
Aye... the language is far too open so what they're doing is allowing rights holder a de facto carte blanc over the criteria that establishes what's okay or not... this even make the likes of Google, Facebook et al subject to outside authority. That's a factual interpretation of what's being presented, not a hyperbolic interpretation or conspiracy. As for the consequences, what that might mean and how it'll be enacted, is anyone's guess at this point, it may very well be down to people being taken to court to establish exactly where the lines are to be drawn.

With that said an interesting and mildly conspiratorial aspect of this is the deafening silence from the same parties who clamored and climbed all over the Net Neutrality, SOPA, CISPA, TPP, PIPA, ACTA, CPBR etc. debates. This new EU Directive, whilst seemingly relating specifically to copyright, does exactly the same thing, requires service providers (Google, Facebook etal) police their networks - different reasons, same outcome.
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Blog / Re: Article 11 of the EU Copyright Directive (link tax)
« Last post by ratty redemption on June 19, 2018, 06:40:23 PM »
thanks for interpreting that for us kat.
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