People opposed to Article 13 often say that all platforms will need to check the entirety of their content to find out if anything infringes copyright. They insist that because they won’t be able to differentiate between what is protected and what is not, this would lead to censoring information.
False. And here’s why:
Incentivising new solutions
Article 13 will incentivise licensing solutions by which rights holders authorise platforms to store and give legitimate public access to the largest possible amount of content. Creators rely on collective management organisations that are one-stop shops for granting licences from their large repertoires.
In practice this means more content available, with fair remuneration for creators, and no need to filter and remove content, as it will be authorised. Such licences will also cover the activity of uploaders as long as they are not acting for commercial purposes.
Targeted removals mean no filtering or general monitoring
According to the new text, services don’t need to check, understand and make decisions on every single piece content. They need only remove specific works through targeted measures and based on information (metadata) provided by rights holders.
If a rights holder decides that it doesn’t want to negotiate a licence with the platform, the two parties have to work together to make sure that the identified works are not made available. Platforms can also rely on ‘mitigation of liability’ in case any content slips through despite its ‘best efforts’.
There is no obligation to put filters in place. Services need to be able to identify specific copyright protected content for which rightsholders provide relevant information. They cannot use filters randomly to stop content from being posted.
Memes are safe
Furthermore, ind ividuals will be able to rely on exceptions and limitations related to freedom of expression such as quotation, criticism, caricature, parody etc. when uploading and sharing content. This means that memes, gifs etc. will continue to be used lawfully in all circumstances and freedom of expression, which is expressly mentioned in the directive, will be safeguarded.