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EU Article 13 law puts Fair Use in danger of dying #DeleteArt13

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https://saveyourinternet.eu/

The link above is for if your interested in helping in stopping this from doing irreversible damage to the internet. 

 

And the video @Mega posted in their status:

With the light of a new law in the EU that is trying to be pushed called Article 13, it seems this puts Fair Use once more under attack.  While this may affect EU residents, if and when it's passed. Like the repeal of Net Neutrality, this could end up affecting the internet on a much larger scale. The last time fair use was being attacked, we in America were being bombarded by bills like SOPA/PIPA. Everyone in the EU and outside the EU should invest time into taking a look at what this could do and help vote to keep such egregious laws from being allowed to pass.

The general idea behind Article 13 is to eliminate copyrighted material no matter if it's the full content, or a transformative work. Blogs or forums that use links from sites will be taxed for linking content that isn't your's. The only ones who will be able to take the brunt are Major News Outlets and sites like Google or Facebook, which already have filters of their own. This will be the blow that will kill fair use and ultimately the internet itself, since the internet is built around the premise of sharing content. Destroying that is much more destructive then anything you could imagine being done.

The vote for this proposition will happen on June 20 or 21. So there is time before this happens.

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From what I understand they are calling out to everyone even outside the EU, so I do think this may very well be a international effort. The only problem is that so few, outside everyone in the general area where the EU affects the most, know about this.

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Well this isn't good. First we have the very possibility of the loss of net neutrality, and now this. If bad stuff like this keeps happening, then the internet could end up as a big joke that was ruined by some bad eggs.

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Here is an update on the EU Copyright Reform (Article 13). The documents that are written up for Article 13 are talked about to full capacity. This is will go into deeper detail to what will happen and why it would horrible for this to pass.

And it turns out EU is now telling those within their members to not come if they oppose Article 13. And this is has turned what is a scary thing, into a nightmare. The EPP are under threat to join in to approve the Article 13.

https://archive.is/ZMx8s

^ The original article on the threats being thrown around. You can read all about here.

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If this passes, well I'll be basically out of the job for what I do. While it is in the grey area, they do get used like that recent Mega Drive Classics cover most likely used me as a source. So yes, I am very worried if it passes and going through is going to be a nightmare especially with companies that no longer exist.

It is also going to affect online and making the Internet a less of an incentive to use throughout Europe. Not everyone uses Facebook or wants to use the Internet for business use/ordering online.

Thinking logically apart from this person, a few blogs and these websites there doesn't seem to be much evidence elsewhere. Checking on the EU website, there doesn't seem to be an event happening on the 20th. If its true, there seem to be a lack of coverage unlike the US Net Neutrality business that has been happening and that is worrying. A law that is going to be passed while people are busy watching the World Cup and the rest of the world aren't bothered.

The article that was linked was talking about something else (Article 11) that is about the news and reducing competition in the EU as well as possibly spreading more fake news by a linkage tax. A serious issue in its own right that needs to be tackled but not quite the same as this.

On 6/3/2018 at 11:45 AM, MarioAmigosYT said:

welp, the UK is semi-lucky thanks to Brexit

The good news is that recently the EU says that any changes to copyright law will no longer apply to the UK but the bad thing is that something similar could easy happen to the UK and sounds like an EU directive rather than a law change. While there is a fair dealing law (in the UK, its called that officially instead of fair use), that could change by Brexit. As the UK would be desperate to get any trade deal, they might favour countries that have restrictions over certain things. Until a company gets or if they get a UK base of operations, they'll still be using connections to EU run websites who would be affected by this. Then there are certain media companies that would love fair dealing to disappear.

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9 hours ago, King Koopone said:

The good news is that recently the EU says that any changes to copyright law will no longer apply to the UK but the bad thing is that something similar could easy happen to the UK and sounds like an EU directive rather than a law change. While there is a fair dealing law (in the UK, its called that officially instead of fair use), that could change by Brexit. As the UK would be desperate to get any trade deal, they might favour countries that have restrictions over certain things. Until a company gets or if they get a UK base of operations, they'll still be using connections to EU run websites who would be affected by this. Then there are certain media companies that would love fair dealing to disappear.

I take back everything I said

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Thanks to @Spin Attaxx for posting this article originally in their status. https://www.bbc.com/news/technology-44412025

A lot is already obvious, though there are increasingly rising concerns about the irreversible damage Article 13 & 11 will do, if they are allowed to pass. This is all the more reason to create an uproar while there is still a chance.

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The link to site mentioned to continue helping stop articles 13 & 11: https://saveyourinternet.eu/

These two articles were approved, however there is still a chance to stop this yet. This has only passed the first bit of the legislative process. It has yet to be fully passed and there is still time to tell EU that what they are doing will end the internet for it's citizens before they know it.

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Has fair use ever been a thing in the EU to begin with? In the US the concept is already frequently misapplied as it is as a defense against copyright infringement, but I'm not aware of any provisions in European law that is even similar in the first place to US Fair Use doctrine as actually written that the EU can vote to override with these new rules.

 

 

As I understand it, European countries have always operated on a short list of specific things that are allowed to be done with copyrighted works by those other than the rights holder; as opposed to the US law which is ultimately just a list of four deliberately subjective criteria that have to be analyzed on a case by case basis to determine whether copyright infringement took place.

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10 hours ago, Tornado said:

Has fair use ever been a thing in the EU to begin with? In the US the concept is already frequently misapplied as it is as a defense against copyright infringement, but I'm not aware of any provisions in European law that is even similar in the first place to US Fair Use doctrine as actually written that the EU can vote to override with these new rules.

 

 

As I understand it, European countries have always operated on a short list of specific things that are allowed to be done with copyrighted works by those other than the rights holder; as opposed to the US law which is ultimately just a list of four deliberately subjective criteria that have to be analyzed on a case by case basis to determine whether copyright infringement took place.

I did some digging around, and found that the key information as it currently stands is embodied in Directive 2001/29/EC, more plainly described in the Wikipedia article Copyright Directive - but the short version is that Article 5(3) permits a lengthy list of copyright exceptions which seem to me to broadly cover those exceptions usually taken as falling under fair use, including quotation for the purposes of criticism and review, along with caricature, parody, and pastiche.

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Another threat to the internet, let’s do what we can to stop it!

If you live in the EU, contact your MEP’s (Members of European Parliament), and voice your concerns.

You can find your MEP’s here:http://www.europarl.europa.eu/meps/en/home

Also spread the news about Article 13 with #saveyourinternet and this petition: https://www.change.org/p/european-parliament-stop-the-censorship-machinery-save-the-internet

Fight the good fight!

Mod edit: Made more sense to merge this post with the current, albeit inactive Article 13 thread to continue discussion.

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Pretty much. I do feel a bit better that the odds of it passing have been hurt for sure, but I'll feel even better than that if it dies entirely. I'll keep doing what I can in the meantime.

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4 minutes ago, SurrealBrain said:

Pretty much. I do feel a bit better that the odds of it passing have been hurt for sure, but I'll feel even better than that if it dies entirely. I'll keep doing what I can in the meantime.

I think the chances of this stopping has increased. The fact that YouTube have been leading a charge against Article 13 is almost definitely going to be the biggest hit. Not only because of the fact many artists rely on YouTube as an official means for releasing music, but YouTube have made it widespead knowledge what exactly Article 13 will do. I believe a lot of the reasons stuff like this can get through is because the public are misinformed exactly what effects this could have, YouTube being the one to do so not only makes it clear to a massive massive audience, but shows how devastating the effects will be if this passes.

The fact that the article is on pause now for the moment is a very good sign of things to come as from what I understand, it was cancelled due to the massive opposition forming against it. Hopefully this remains the case and it gets killed altogether. But I feel like the odds of it dying out entirely are much better as long as opposition remains against it.

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Just in case anyone is interested in reading up on the delay of the vote, as the conversation in this topic kind of jumps and assumes that it's stalled:
https://www.euractiv.com/section/digital/news/copyright-directive-faces-further-setback-as-final-trilogue-cancelled/

From last Monday:

Quote

Ambassadors representing the 28 EU member states met on Friday and were supposed to rubber stamp the Council’s position ahead of Monday’s “trilogue” talks with the European Parliament and the Commission.

But a coalition of countries including Germany, Italy, Belgium, the Netherlands and Poland blocked the approval of the Council’s mandate.

A new date for the final trilogue on the copyright directive is yet to be announced.

Personally, while I'm all for fair use (I work in media and all, having that right is kind of our bread and butter lol) I'm unsure about the real impact of this bill as a lot of the nitty gritty seems incredibly vague, and I don't know if I can really trust users (who rely) on YouTube (a platform whose interests will be negatively impacted by Article 13) to fill in the gaps on this. Having said that, there's definitely a huge concern here, and I'm glad that there are efforts to lobby against it (from Internet users in general that is; I'm not really here for Google's lobbying against it as it seems a little slimy to be honest).

The thing about the EU though, is that a lot of these sorts of things go through a million and one revisions and do-overs; it's difficult to understate how challenging it is to get a bill of any sort unanimously agreed between 28 countries on the first read! So panicking about this sort of thing always seems a little premature, in my opinion. I have faith that whatever kinks people are concerned about can be resolved with revisions. I would hope that future versions of this bill will take into account an equivalent of Fair Use rights and guidelines that allow content creators to use material in news coverage and commentary contexts. That seems to be the major stumbling block (I don't think 'only big corporations will benefit from Article 13' is a legitimate argument. YouTube/Google etc are going to be the key platforms that will suffer negative consequences from this. It's why Google is lobbying against it).

Sounds like, going by this report, that the main concern from Germany is that the bill as currently proposed is a little too harsh on exactly who is liable for this kind of thing.

Quote

Member states at Friday’s meeting disagreed on the size of the carve-out for small- and medium-sized enterprises related to Article 13, with Germany pushing for a higher threshold for SMEs subjected to the rules while France wanted a lower bar, said an official.

https://uk.reuters.com/article/uk-eu-copyright/in-win-for-tech-giants-eu-copyright-reforms-stalled-idUKKCN1PF1AO

Hopefully this will evolve over time and iron out the wrinkles. I'm not a fan of big copyright owners slapping media creators down with legal challenges if they're using the media in a genuinely Fair Use or transformative way.

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I wouldn't be too surprised if that's the case of sitting MEPs fearing for losing their seats and/or realising lobbyists might not be able to keep all of their promises... 😒

Best part of this farce might be the cow-selling Germany and France performed with this and that new gas pipe...

But yeah, there're two reasons why I'm worried; first one is the fact how this will affect on my working possibilities in the future, most of the assets used in my field are open source kind of stuff after all.

The other is how this'll affect on fan art and such. This actually might be semi important/interesting thing, but around the elections I managed to pull a somewhat lenghty conversation with one party active that I needed to explain the creative fan culture for quite some time and I hope I got it right, but the conclusion they reached was that in the case of this kind of stuff everybody's pretty much waiting for the first legal case and its judgements. And since fanworks seemingly aren't the biggest thing on the table as far as I can tell (considering even the fact I needed to explain myself pretty thoroughly) it's not happening anytime soon. It's like nothing's going to happen for now since this is so small fish at the moment.

Needless to say, this did affect a lot to my vote casting.

 

But yeah, I'm actually worried how this'll affect on me reading Archie Sonic Online. And also will I find a job if everybody's got less resources for employees due to the fact they need to use resources to buy new, buggy and expensive assets for being able to make anything to happen. EU definitely has its pros but listening to just big music corps and calling worried youth bots is definitely a con in my books. And the worst part is I don't know which group is worse, those of the old MEPs who don't know the stuff they're making laws about and just listen to the paid lobbyists or those of the middle-aged MEPs who are total ignoramuses that seem to think whatever and have way too high self-esteem for my liking.

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