Article 13 (The Meme Ban)

Nasher · 27 Mar 2019 at 10:30

Yep which is how it works with music on youtube right now. Even a small sample overheard in the background of a video causes a copyright takedown.

There isn't anyone at the helm, just a dumb automated system.

Puzzled · 27 Mar 2019 at 10:31

Rossi~ said:
This will likely be covered under parody.

Who decides though?

The big change is that platforms will now be held liable rather than the individual uploading, how does YouTube automate a process that puts context to detected copyrighted material?

Plus we aren't just talking of people ripping films / music and sticking them online here. Think of all the film review channels, game reviews, game streaming, music remixes put out for fun, fan art etc etc. Copyright includes derivative works, how does a bot decide when something has become a new work.

The current system is flawed but this is way too restrictive, original content is hardly ever 100% original. Look at musicians being sued over copying parts of old songs, in some cases they aren't even aware they have done it.

Yaayuh! · 27 Mar 2019 at 10:31

ianh said:
As dowie points out, memes will be impacted because YT (for example) will have to use an algorithm to check every single video and an algorithm can not decide what is parody or transformative use - like a meme - it can only say "there is copyrighted material here" so even though the EU says "memes aren't subject to Art 13", the companies algorithm will be the instrument that bans memes instead, which shows that dowie is correct, the "impact" of the law will have more effect than the law intends.

Will they be enforced to check every upload, or just comply to legitimate removal requests?

ianh · 27 Mar 2019 at 11:40

Rossi~ said:
Will they be enforced to check every upload, or just comply to legitimate removal requests?

There's a few parts -

1. Claims - Under Art 13, if YT get a legitimate removal they must act or be fined - this is what is currently in effect anyway. If that previously "taken down" video reappears then the EU can (but may not) fine YT for allowing the material to keep appearing.

2. Enforcement - There is no enforcement information in the Article 13 so far (well technically it's now called Article 17 - you can read it here from page 121 but it's very "legalise" - 700kb PDF), in the same way that there is no global/EU "copyright database" for companies like YT etc to check against at the moment, so as it stands right this minute it's done via "claims" just the current YT system.

So far it sounds just like the system YT already use, right? Yeap it is, only now instead of the uploader getting in trouble (bans/court/fines etc) YT themselves are now liable by EU law.

So for every single copyright "claim" the EU can (if they choose) fine YT for every single breech thats currently reported (maybe automated in the future, who knows). So what YT have have warned is that, because it's impossible for every single video, past, present and future to be checked for every single form of copyrighted material (image/text/sound etc), it would just be easier/cheaper for them as a company to ban/restrict all EU accounts rather than risk the fines.

Jambo · 27 Mar 2019 at 12:06

Stupid question alert but why do social media companies based in the US have to comply with this at all?

grudas · 27 Mar 2019 at 12:18

Jambo said:
Stupid question alert but why do social media companies based in the US have to comply with this at all?

they dont as long as they ban/stop EU IP's from getting to their services. Similar thing with GDPR many US sites wont allow EU IP's in.

ianh · 27 Mar 2019 at 13:10

Yeap, if EU people can't use your site, the EU can't fine you.

There's now going to be 2 years of "consultation" between the EU and "interested parties" allowing all the member states that 2 years to draft individual laws specific to their country which comply with Art 11-13 and during that time the EU has said it will get together with companies to figure out the fine print.

Dave M · 27 Mar 2019 at 13:11

Having seen the saga Martin Lewis has had getting fake ads taken down on Facebook and their frankly shocking attitude, I have no sympathy for the big platforms.

Google threatening to block small EU producers if the EU doesn't bow to their demands should be the real scandal.

StriderX · 27 Mar 2019 at 13:59

Dave M said:
Having seen the saga Martin Lewis has had getting fake ads taken down on Facebook and their frankly shocking attitude, I have no sympathy for the big platforms.

Google threatening to block small EU producers if the EU doesn't bow to their demands should be the real scandal.

It’s not a scandal it’s the evolution of country sized mega corporations.

If they go through with such a threat, they will confirm they’re ready to play visibly in the field of geopolitics. And the US isn’t going to stop it.

It’s been coming over the horizon for decades, positioning themselves as rule givers. With the state of western governments, we won’t decline either.