- After the July rejection, the plenary approved its position by 438 votes to 226 and opened negotiations with the Council.
- Articles 11 and 13 are the most debated: rights for press publishers and filters on platforms hosting content.
- The text is not yet law: the final agreement with member states and later transposition are still needed.
On 12 September 2018 the plenary of the European Parliament approved, by 438 votes to 226, its position on the directive on copyright in the digital single market. This opens three-way negotiations between Parliament, the Council and the Commission. In July, the plenary had rejected the initial negotiating mandate by 318 votes to 278.
The directive seeks to adapt intellectual property rules to the digital environment and strengthen the position of authors, musicians and publishers against the large online platforms. Two of its articles have concentrated the criticism and debate: article 11, on the rights of press publishers, and article 13, on platforms’ responsibility for content uploaded by their users.
What the most debated articles provide
Article 11 seeks to give press publishers their own right over online use of their publications by information society services, so that aggregators and search engines would have to obtain a licence. Article 13 requires services hosting large amounts of user-uploaded content to take effective and proportionate measures against works identified by rights holders, which critics describe as upload filters.
The text approved excludes certain services from these obligations, such as non-profit encyclopaedias and educational or scientific repositories. The September text adds more safeguards than the one rejected in July, although it keeps the contested articles. Supporters argue the aim is to pay creators fairly. Critics warn that filters may block legitimate content and that the compliance costs will fall mainly on small companies.
Why it matters to business
For a company that publishes or distributes content, the directive may open a licensing revenue stream. For another that hosts third-party content, such as a forum, a classified-ads site or a marketplace, it may mean new technical and management obligations. The directive also includes exceptions for text and data mining for research purposes, which matter to the technology and scientific sector.
The concrete impact will depend on the final text and on how each State incorporates it into its law. In Spain and Catalonia, with a very active publishing, audiovisual and technology sector, the outcome will be followed closely, above all for the sharing of revenue between platforms and publishers in digital advertising. Until then, the current intellectual property rules remain in force.
What to review
Companies that use third-party images, music, videos or texts on their website or social networks should check that they hold a licence or an applicable exception, because the trend is towards greater control of rights. Those that host user content can start by reviewing their terms of use, takedown procedures and agreements with rights holders.
Authors and creators should know their rights and how they are managed. Any strategic decision should wait for the definitive text, but it is worth following the negotiations and preparing the business with advice on intellectual property.
The directive is not yet a rule: it pays to prepare the ground without waiting for it to become one.
This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.
