“When an online content sharing service provider performs an act of communication to the public or an act of making available to the public, it shall not be eligible for the exemption of liability provided for in Article 14 of Directive 2000/31/EC for unauthorized acts of communication to the public and making available to the public..[..].”

YouTube can currently avoid liability for infringing content being made available to the public as long as it removes that content once it’s made aware of its existence. Under the statements above, YouTube would have no protection. This massive liability was referenced recently by YouTube’s CEO, who warned of dire consequences.

The latest proposals detail two options – Option 1 and Option 2 – that set out requirements for cooperation between rightsholders and the consequences of not doing so.

In other words, “here’s a list of all our content and do not make it make it available to the public without obtaining an appropriate license first – or else.”

The “or else” is laid out in the subsequent paragraph of ‘Option 1’, along with potential exceptions.

Option 2

In the absence of the authorization [from rightsholders, referenced above], Member States shall provide that an online content sharing service provider is liable for unauthorized acts of communication to the public or making available to the public

Both Option 1 and Option 2 add potential exemptions for small platforms, consideration for the amount and type of work uploaded by users, the availability of “suitable and effective technologies” (filtering such as YouTube’s Content ID), the financial burden on a platform, and the number of copyright infringement notices received.

In any event, both options require online sharing providers to “act expeditiously to remove or disable to access to works or other subject matter” when unauthorized content is made available and both require that providers. They must then make “best efforts to prevent their future uploads in cooperation with rightsholders.” Phrased differently, it’s a take down and stay down regime.

Source: https://torrentfreak.com/upload-filters-article-13-the-latest-eu-proposals-181120/

By Andy on November 20, 2018
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News

The latest proposals surrounding the controversial Article 13 indicate that upload filters – the mechanism that has been widely warned about for months – are front and center in negotiations. Sites like YouTube will be required to obtain licenses for content they make available and cooperate with rightsholders to ensure no unauthorized communications to the public, unless they want to be held liable

The ruling could change the internet forever.

Those in favor say they’re fighting for content creators, but critics say the new laws will be ‘catastrophic’