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🚩 Updates on Article 17 (formerly Article 13) 0 Recommended Answers 44 Replies 627 Upvotes
Last edited 11/6/19
Article 17 (formerly Article 13) is part of the Copyright Directive that passed in the European Union (EU) earlier this year and it’s one part of a proposed EU copyright legislation created with the intent to better protect creativity and find effective ways for copyright holders to protect their content online.
While the Directive has passed, each EU member state now has until June 2021 to introduce national laws that are in line with the new rules. Last month, the EU Commission started holding in Brussels a series of stakeholder dialogues with creators, artists, right holders & publishers, to discuss practical solutions that will inform how EU countries implement the Copyright Directive into law. We're excited that VisualPolitik and Mihai-Alexandru Hash have joined to represent the creator community, along with YouTube representatives.
We know you might have questions on the current status of Article 17 and what happens next and so we grouped some of the most frequently asked questions below:
- What’s the current status of Article 17?
- On March 26th, the European Parliament voted in favor of the Copyright Directive, including Article 17 (final approved text here).
- In May 2019, the Directive was published in the Official Journal of the European Union, and EU countries have entered a two year period where each will decide how to implement the directive as a national law.
- What happens next?
- The European Commission is organizing stakeholder dialogues to discuss best practices for cooperation between online content-sharing service providers and copyright holders. The objective of the dialogue will be to hear stakeholders’ views and to discuss possible practical solutions for the application of Article 17.
- Stakeholder dialogues take place in Brussels on the following dates: October 15, November 5, November 25 and December 16.
- How were creators selected to attend the meetings?
In August, the Commission had invited stakeholders, including creators, to express their interest to participate in the stakeholder dialogues by applying online. After reviewing applications, the Commission approved VisualPolitik and Mihai-Alexandru Hash’s attendance.
- What should creators do?
No action is needed at this time. We will continue to update creators as relevant milestones are reached.
- What is YouTube’s plan of action?
Next steps are to support the implementation of the EU Copyright Directive by working with Member States. We will:
- Analyze and communicate the impact of the final EU Copyright Directive on all partners, including creators, users, artists, and publishers for each country
- Monitor each country’s implementation plans and timelines
- Continue to work with the industry & rights holders to find a system where both platforms and rights holders collaborate, including participation in dialogue organized by the EU Commission
- Provide updates directly to creators here on the YouTube Help Community
- How is YouTube going to make the site Article 17-compliant?
The implications of Article 17 are complex and we will need to analyze each Member State’s implementation legislation, which they have 2 years to write. As this is finalized for each Member State, we will be sure to communicate the details of how we will ensure YouTube is compliant.
- How is Article 17 impacted by Article 15?
The two issues are separate. Article 15 is about the press publishers side and Article 17 is about the use of copyright-protected content by online content sharing services.
- Will I be able to upload song covers I perform to YouTube?
Uploading song covers will be possible as long as YouTube has a licence with the relevant music rights owner. Currently you are able to upload covers because the licences that YouTube has in place with music publishing rights owners extend to those videos. If we do not have the licences to that music then we would need to block that content. YouTube has licensing agreements with the overwhelming majority of labels, publishers and music publishing collecting societies and we will continue to seek licenses from music rights owners to maintain use of their content on the platform.
- What if a video is stylized to look like an existing video game, but the assets are actually completely from scratch?
Copyright is really complex. Any use of a work or of any other content that could be protected by intellectual property laws (such as a picture, a painting, a photo, a piece of furniture, etc.) could make platforms liable under Article 17.
- What does this mean for me as a YouTube creator or artist in the European Union?
YouTube and other platforms may have no choice but to block your existing videos and prevent you from uploading new ones in the European Union unless a licence we have in place with a particular rightsholder covers the use of their content in your video or you can prove you own everything in your videos (including visuals and sounds).
- What does this mean for me as a YouTube creator or an artist NOT in the European Union?
YouTube and other platforms will need to apply the EU Directive to any videos made available to users in the European Union. So depending on the implementation legislation of each Member State - the same video could be subject to different criteria depending on where the video is viewed.
- Why aren’t copyright matching tools like Content ID enough?
With Article 17 as currently written, copyright matching tools like Content ID wouldn't be enough to avoid liability for platforms such as YouTube. Copyright matching tools work if rights holders use these and provide clarity as to what belongs to them. However, in many cases information on copyright ownership is missing, or there is partial knowledge, meaning that the system would not have sufficient input to accurately identify full copyright information at the point of upload. Put simply, a piece of content with partial or unknown ownership might be treated the same as a piece of content that is unlicensed and so would have to be blocked.
- What’s up with other platforms? Is YouTube alone in this fight?
The Copyright Directive won’t just affect creators and artists on YouTube. It will also apply to many forms of user-generated content uploaded onto other platforms across the Internet. Various groups, individuals and organizations have presented their concerns and points of view (like European Digital Rights and the Internet Archive), companies (like Reddit, Patreon, WordPress, and Medium), the Internet’s original architects and pioneers (like Sir Tim Berners-Lee), and the UN Special Rapporteur for free expression have spoken out. Creators across the Internet are standing up for their right to create and express themselves, including Phil DeFranco, ConCrafter | LUCA, ZDF, and MrWissen2go.
- Which countries would be directly impacted by Article 17?
All Member States of the EU will have to implement the EU Copyright Directive: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland,Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK (at least for now, it will be up to the UK government to implement the Directive or not. It is possible they will, since they participated in the negotiations. Here’s more about Brexit).
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