A couple of months ago we told you about the controversial new European copyright law and its consequences. This directive needed to be voted again, since the result was negative, and at the beginning of the month we got the results. This very 12th of September this law was approved, which will imply several changes in the way we understand the Internet in the long term. Although the final text of this law will be drafted and voted on in January, we can already start preparing for its consequences.
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The two most controversial articles, which we also talked about at the time, have been accepted. Article 11 has been accepted with 393 in favor and 279 against. In the case of 13, it has been successful with 366 votes in favor and 297 against. While it is true that the rules for the European Union copyright in the digital environment, the company has new copyright law will bring a series of obstacles to the freedom of publication that the Internet has been nurturing for years.
Self-censorship and the new European copyright law
Large web domains where all kinds of files are shared will be the most affected by the new regulation. From now on, these types of websites will need to have a artificial intelligence to take on the role of censor. Thus, before the content is published, it will examine it and decide whether or not it violates copyright and, based on this, it will decide whether it appears on the Internet. However, this technology is extremely expensive and not all platforms can afford it, not to say that it is detrimental to the site itself and to the open philosophy of the network.
On the other hand, it is important to note that the users «infringers», those who have tried to publish copyrighted content, will not be penalized in any way. They will simply find that the file they were trying to upload does not load on the destination site. This applies to all types of content: audio, video, image, text, etc. The worst part, basically, goes to the website owners. However, in terms of communication rights, users will see their freedoms curtailed.
Another measure that will be implemented as of January is the imposition of the linkage fee or the now famous «linkage fee" concept.«link tax«. Basically, it consists of paying a license fee to be able to link journalistic news and other third-party content. If this fee is not paid, these links will be removed. This fee is practically synonymous with the AEDE fee that the Spanish Newspaper Publishers Association tried to establish in 2014.
Content creators as the main affected
From the moment this law is fully established, any online content generator that uses platforms such as YouTube, For example, it will have to tread carefully and avoid using protected images, sounds or videos, even if it is to show or expose a reality related to them. Other online publishing media such as social networks and blogs will go through the same process, but it remains to be seen on which platforms the new European copyright law will be tougher.
Undoubtedly, this is a bump in the road for anyone who is dedicated to informative or entertainment tasks. Music broadcasts, ingame commentaries of some videogames, reports using graphic material... All these creations will have more difficulties to see the light of day. And if, in addition, we try to reference an article from a well-researched news item, it is likely that we will have to pay for it.
Reference as an enriching tool in the network
Generate original content is hard and involves hours of creative and technical work. Therefore, we believe that no one should profit from someone else's work. However, the Internet works because content can be shared. Interaction between users is essential for the network to continue to make sense, and the new European copyright law proposes excessive control that jeopardizes this maxim.
If the publication we are working on can be enriched thanks to the works of others, it is absurd not to count on this interaction based on the pertinent references. However, it must always be done respecting the original authorship and properly citing the content. If these conditions are met, it is unnecessary to have such a pronounced censorship.
Despite all these difficulties, sometimes we will have the option of reaching agreements directly with the creators of the referenced content. However, this solution will not always be viable, so we will have to look for creative ways to overcome the site's self-censorship filter.
If you want to know more about Articles 11 and 13 of this law and its specific proposals, we refer you to the article in which we discuss them.