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Comments on implementation – Directlinks to posts

  • Exceptions (Art. 3 – 7)
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Latest posts

  • DSM implementation: what is happening with regards to the other provisions.
  • CJEU hearing: Not even the supporters of Article 17 agree on how it should work
  • DSM directive implementation update: six months to go and no end in sight
  • The new draft bill, part 3 – The ancillary copyright for press publishers
  • The new draft bill, part 2 – Who supports creative individuals?

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Die Linke im Europaparlament
THE LEFT Group Secretariat

Art. 17 - Use of protected content by service providers for sharing online content

The new draft DSM Directive (for Germany), part 1 – upload filters revisited, again

12/15/2020 Simon Weiß

Authors: Petra Sitte, Simon Weiß

In this article series, we will discuss the contents of the new draft of the DSM Directive. What was the Directive initially about, what does the current draft say, what has been changed compared to earlier drafts, and what needs to be amended in our view? This part will focus on Article 17, i.e. on upload filters, while in part 2 we will turn to copyright contract law.

What is it about?

There is no single part of the EU copyright reform that has drawn as much attention and criticism as Article 17. The core issue is this: platforms to which users can upload content, such as YouTube, must in future obtain licenses for all forms of content and prevent unlicensed content from being uploaded. This results in an obligation to install upload filters, i.e., to have uploaded content checked and blocked by automated software filters.

These upload filters are dangerous, as there exists no technical procedure capable of identifying the contexts that define whether a particular publication violates, or respects, copyright law. This inevitably leads to “overblocking”, i.e., the blocking of actually permitted content, and thus limits users’ freedom of expression.

We, The Left Party Parliamentary Group in the German Bundestag, have therefore strictly opposed Article 17 from the outset and still hope that the European Court of Justice will overturn this provision given that it violates fundamental rights. The German government has announced in a detailed protocol statement that it seeks to make upload filters “largely unnecessary” when implementing the provision. 

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Category: Comments on implementation
Tags: The new draft DSM Directive, Article 17, Art. 17 - Use of protected content by service providers for sharing online content, upload filter, DSM Directive, Protected content by online sharing service providers (Art. 17)

Julia Reda on the new draft on Art. 17 of Federal Ministry of Justice’s (DE)

09/29/2020 Konstanze Kriese

Yesterday, Julia Reda published a guest article on heise.de, emphasizing that obviously all attempts to avoid upload filters or to use them in a subordinate way which was were given up in a German legislative proposals. According to the minutes of the German government when it approved the EU reform in April 2019 and after all assurances and announcements to look for a rights-based solution, this is a political U-turn. We should demand again: “Community gets context – filter not!” in the upcoming political disputes on the new proposal.

More information on the new draft of the legislation was provided by Patrick Beuth in Spiegel on 17th of September. He referred in particular to Art. 15, the ancillary right for press publishers. Instead the planned “8 word rule” the new draft suggests the same wording like the EU copyright direction. Now the German draft has taken the same wording. “(U)se of single words or very short excerpts from a press publication” were to be permitted. The vague formulation could have a joyful resonance from media advocates, but nobody will get more legal security and it tightens the enforcement of the already questionable ancillary right law. While Google has no fear going into legal disputes, blogs and independent journalists are still in a difficult situation.

Category: Member state legislations, Comments on implementation
Tags: Art. 15 - ancillary copyright for press publisher using online publications, Art. 17 - Use of protected content by service providers for sharing online content, upload filter, Creative Commons, Ancillary copyright for press publishers (Art. 15), Protected content by online sharing service providers (Art. 17)

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Latest Posts

  • DSM implementation: what is happening with regards to the other provisions.
  • CJEU hearing: Not even the supporters of Article 17 agree on how it should work
  • DSM directive implementation update: six months to go and no end in sight
  • The new draft bill, part 3 – The ancillary copyright for press publishers
  • The new draft bill, part 2 – Who supports creative individuals?

Links to other websites

Die Linke im Europaparlament
THE LEFT Group Secretariat

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