Article 13 of the EU Copyright law: Does it Have a Future in the UK?
Minister of Universities and Science Chris Skidmore stated that the UK will not be carrying Article 13: EU Copyright Directive after the UK leaves the EU.
The final version of a new EU Copyright law has been agreed in 2019. Article 13 is part of the new EU Copyright Directive that covers how contents shared online should deal with copyright-protected content such as television programmes and movies. It refers to services that primarily deliver ‘protected work’ that is uploaded by users for public access. Therefore, content-sharing services must license copyright protected material form the right holders. YouTube, Dailymotion and Soundcloud are likely to be impacted. However, exceptions include non-profit online encyclopaedias, open source software development platforms, online marketplace and communication services.
Several companies have criticised the law as it would hold them accountable for not removing copyrighted content uploaded by users. YouTube already has a Content ID system that detects copyright protected music and videos and blocks them. However, many critics argue that this type of algorithm would be too expensive for small companies or start-ups to incorporate. It has also been pointed out that these systems often make mistakes and take down original content.
Article 13 would also make it almost impossible to upload content with even slight copyright interceptions such as memes and GIFs on Facebook, Instagram, YouTube or any other site. Prime Minister Boris Johnson criticised Article 13 in March claiming that it is “terrible for the internet”. Google campaigned against the changes stating it would “harm Europe’s creative and digital industries', and “change the web as we know it”. The CEO of YouTube Susan Wojcicki also warned that users in the EU could be cut off from the platform.
EU member states have until 7th June 2021 to implement the new reforms. However, with the Withdrawal Agreement Bill signed by Prime Minister Boris Johnson on 24th January, this will no longer apply to the UK.
A professional support lawyer at Linklaters, Kathy Berry, welcomed the UK’s stance on the law as it will “allow the UK to agree to more tech-friendly copyright provisions in the free deals with other countries”.
by Amy Lee