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Article 13 of the EU Copyright Directive

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kat:

ratty redemption:
damn, that sounds even more draconian than i'd previously heard. what do you think are the chances of them getting this through?

kat:
Don't know to be honest. It's likely it will pass simply because the EU bureaucracy needs to regain ground its loosing/recoup its authority and power after #Brexit and increasing rise of "alt-right" politics favouring national sovereignty - it's not possible to have a supranational Governmental body claiming authority over Nation States unless those States agree to it, the rise of nominal nationalism (whatever its flavour) threatens that.

ratty redemption:
interesting, so this is a lot more than a copyright protection law.

kat:
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.
--- End quote ---

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