Open Rights Group has criticised the European Commission’s proposals for the Directive on Copyright in the Single Market, published today.
Executive Director Jim Killock said:
“Thousands of EU citizens responded to the consultation on copyright, only for the Commission to ignore their concerns in favour of industry. The Commission’s proposals would fail to harmonise copyright law and create a fair system for Internet users, creators and rights holders. Instead we could see new regressive rights that compel private companies to police the Internet on behalf of rights holders.”
Failure to introduce EU wide freedom of panorama exception
The failure to introduce a harmonised exception for freedom of panorama is both a lost opportunity and a direct snub to the thousands of people who responded to the Commission’s consultation on this. It appears that the Commission has simply ignored their opinions and made no mention of freedom of panorama in its proposals. Freedom of panorama is a copyright exception that allows members of the public to share pictures they’ve taken of public buildings and art. While this right exists in the UK, many European countries do not have this exception, which means that innocuous holiday snaps can infringe copyright.
Compelling intermediaries to filter content
The proposals aim to compel intermediaries, such as YouTube, to prevent works that infringe copyright from appearing on their services through content identification technologies. This is effect would force sites to police their platforms on behalf of rights holders through filters and other technologies that are a blunt instrument.
Such proposals could place unreasonable burdens on smaller operators and reduce innovation among EU tech companies. They will certainly lead to a greater number of incorrect takedowns, as “Robocopy” takedowns cannot take account of fair quotation, parody, or even use of public domain material.
These plans could undermine the UK’s hard-won right to parody copyright works. Folk songs and classical performances by amateurs are often misidentified and removed as infringing ‘copies’ of performances of professional musicians for instance.
New ancillary copyright for news publishers
The proposals suggest a new right for news publishers, designed to prevent search engines and news aggregators from reproducing snippets at the expense of publishers. Although, this is designed to protect the media industry, it had a disastrous impact on news websites when similar proposals were introduced in Spain and Germany. It is also disproportionate that the proposed right would last 20 years, given that it applies to news.
Notes to Editors
Open Rights Group is the UK’s leading grass roots digital rights organisation, campaigning for the right to privacy and free speech.
ORG’s FAQs document on freedom of panorama is available here.
ORG is part of Copyright for Creativity, which campaigns for a new European approach to copyright.
The Commisson’s proposals are available here.