The European Parliament approved a new…

the European Parliament approved a new copyright rules for the Internet As expected, yesterday the European Parliament adopted in plenary session the Directive on the protection of copyright. Because it has been given 348 votes against 274 against, 36 abstentions. As stated in a press release, the results of the vote “marked the end of the legislative process, which started in 2016.” In the coming weeks, the decision has to be approved by EU States and published in the official journal of the European Union, after which member States will have two years to implement it. Allegedly, the Directive “aims at ensuring that long-standing rights and responsibilities of copyright law was extended to the Internet”. Among those who will be “most directly affected by this law”, named YouTube, Facebook and News. Currently, Internet companies have little incentive to signing a fair license agreements with rights holders, as they are not considered responsible for content uploaded by their users. They are obliged to remove infringing content only when the copyright holder asks them to do so. However, it is burdensome for the right holders and does not guarantee them a fair income. The prosecution of Internet companies will increase the chances of copyright holders (especially musicians, artists and script writers, and news publishers and journalists) to conclude equitable licensing agreements and to receive fair remuneration for the use of their works exploited in digital form. Because sharing snippets of news articles specifically excluded from the scope of the Directive, it may continue exactly as before. However, the Directive contains provisions to avoid abuse of news aggregators. Therefore, the code snippets may continue to appear in news feeds , to articles in Facebook, provided that they are “very short”. The download of copyrighted works for citation, criticism, review, caricature, parody or fake remains on the same terms, making memes and gifs will continue to be available and shared through online platforms. The text also indicates that the upload works in the online encyclopedia non-commercial way, like Wikipedia, or software platforms with open code such as GitHub, will automatically be excluded from the scope of the Directive. In addition, beginners the platform will apply a lighter obligations than already established in the market. Note that artists will be able to demand additional remuneration from the platform, if the original agreed compensation is disproportionately small compared to the received benefits. The Directive aims to facilitate the use of copyrighted material when retrieving text and data, thus eliminating a significant competitive disadvantage, which is currently faced by European explorers. It also provides that copyright limitations are not applied to content for educational or illustrative purposes. Finally, the Directive also allows use of copyrighted materials, free for the conservation of cultural heritage. Comment


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