5 ms·
(Disclosure -- I work on this for EFF) You can read the recitals this commenter is describing here, including the latest amendments that were voted in the Parl
by dannyobrien 8y ago
(Disclosure -- I work on this for EFF)
You can read the recitals this commenter is describing here, including the latest amendments that were voted in the Parliamentary plenary. As you'd imagine, I disagree with his interpretation.
https://juliareda.eu/wp-content/uploads/2018/09/Copyright_Sept12_Voss.pdf https://juliareda.eu/wp-content/uploads/2018/09/Copyright_Se...
Firstly, these are just recitals. They're not a binding part of the Directive, they just lay out the justifications for the law.
If you do read the listed recitals, they mention links once, and don't define the term at all. When they do, the context is that "the act of hyperlinking" is not protected (ie the new ancillary right does not explicitly cover the act of hyperlinking).
This is an attempt to refute an argument that no-one is making (though the language echoes a previous fight that rightsholders are still pursuing, which is links to infringing content should be punished as strongly as hosting content itself. That's what the "communication to the public" is about, and has been ongoing, but that's another story.)
The concern over Article 11 isn't that it would criminalise linking to a news item; it's that if you use any text of an article, including its title, you can be sued or made to sign a license. Such snippets of text are usually used when linking to a news article, especially when you're doing it automatically, so that's where the threat to linking to stories.
A couple of other things to note in these amendments. One of the earlier arguments as to why Article 11 isn't so bad we heard is that there are already exemptions in copyright for quotation and critical review. We argued that under EU law, these exemptions are entirely optional at the national level, and news publishers will lobby to limit the effect of them on this new IP right. If you look at the amendment for Recital 34, this is now being explicitly set up to happen: the Recital now says that member states can apply these exceptions, instead of should.
Just because the recitals aren't law, doesn't mean you can't use them to better understand the motives and justifications of the drafters.
As others have noted, the "banning memes" line is about Article 13. An amendment proposed by a Parliamentary committee to create a "fair use"-style exception for user-generated content, specifically to protect remixes and memes, was struck down in today's vote.
By contrast, an entirely new provision that gave organizers of sports events complete ownership of the IP rights to their games was voted in. https://juliareda.eu/2018/09/copyright-sports-fans/ https://juliareda.eu/2018/09/copyright-sports-fans/
Basically, this directive remains an IP maximalists' dream. A bunch of new IP rights, some of which only apply online, with clear signals that they should be interpreted as broadly as possible.
- PunchTornado 8y agoThanks for this one. Reading about it for a while now and all I see is banning links and meme and link tax and other unreal things.
- bjelkeman-again 8y ago> it's that if you use any text of an article, including its title, you can be sued or made to sign a license. This seems a great place to use automated translation technology, but into the same language. Link to the news article, but rewrite it using a similar meaning, with different words. (I am an EU citizen and I think this is major overreach by the legislator who thinks they are saving the newspapers, but have no clue as to what effect they will have on the current system, but it still will not save the papers.)
- Guvante 8y agoNews articles are written with the understanding that the reader could stop reading at any time so information is put as early as possible. This applies especially to the title which is used as the very first filter for user interest. Requiring rewriting titles is a bad idea as you are never in an automated fashion going to make a better title. As an example note that this very website heavily prefers the original title for the link text, only changing it when substantial updates are made or the original title is heavily biased.
- Whitestrake 8y ago> Requiring rewriting titles is a bad idea as you are never in an automated fashion going to make a better title. Depends on how you define "better". I would argue that a rewritten title you can read is "better" than an un-rewritten title you can't read because the site couldn't "link" it without risking a lawsuit or signing an agreement.
- saurik 8y agoThat is like claiming you can re-publish someone else's book if you translate it to Spanish or just replace all of the words with synonyms: you are creating a derivative work and are still using the original.