Also read: Copyright: upload filter remains after European Parliament vote
Rules that limit the right to quote and the question is whether they were even legally valid. In any case, we do not want this problem for the whole of Europe, do we?
You may know that YouTube and Facebook reject or remove content if they believe or know that the content is unlawful and infringes copyright. Anyone who hosts content will now have to pre-filter content in this way.
Difficult, because creators don't have to register their copyrights anywhere. How does a hoster know whether the content is from the creator himself or someone else? How can you prove that you may have permission to use the work?
And then we haven't even talked about exceptions, such as the right to quote and parody. Can a computer filter when something is a quote and meets all five requirements? A computer has no humor, so how do they recognize a parody? As humans, we sometimes have enough trouble with this, let alone that a human can translate this into rules that computers can understand.
At the moment, platforms that don't constantly check what's published on their servers are not liable for what's on their servers in the first place. Only when they know it's illegal do they have to remove it.
The new regulation proposes that platforms denmark telegram data check in advance whether the publication of the works is lawful. If it is not, they must prevent it from being published or they must pay damages. Of course, nobody wants that and recovering damages from the people who uploaded is a lot of hassle. The consequence of this is that there will be an upload filter.
Perhaps feasible and affordable for platforms like Facebook and YouTube, but not necessarily for someone who manages a forum or otherwise oversees a platform with user generated content .
When will these rules come into effect?
First, the European Parliament will vote on the proposal and the large number of amendments on Wednesday 12 September 2018. The rest of the year will then be spent on debates between the Parliament and the Commission, with a final vote on the new Copyright Directive probably taking place early in 2019.
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