Disclaimer: I'm biased as I built business around similar regulations [0]. Here is my take on the situation and the most likely outcome. European Court of Jus

Disclaimer: I'm biased as I built business around similar regulations [0]. Here is my take on the situation and the most likely outcome. European Court of Justice just cleared similar law in Europe and give it a final stamp of validity [1]. Similarly like GDPR, this law will take precedent in most settings because it applies earlier in the life of content than the current US law, DMCA [2]. What I mean by that, Article 17 of EUCD requires "best effort" in licensing prior publishing, while DMCA applies immediately after publishing. This means the US legislators will eventually try to come closer to this law because they don't like not having power over the platforms. If you look at the SMART Copyright Act, it uses STM (standard technical measure) in the existing law (DMCA) to essentially achieve similar outcome without having to change the law itself. The "only" significant change is that they are giving power to determine compliance to the US Copyright Office over the courts. This is significant considering that in Europe this is left to the courts. --------- Our approach [0] around this is a bit different while still complaint with the laws. We offer our services free of charge for platforms large and small and focus on the attribution. That means we care about creators getting credit for their creation but leave the result of the attribution to them. That means creators can put their creations into public domain and we make sure nobody else makes money from it. They can also charge for it or completely prohibit certain use cases. The way we make money is by underwriting the liability, so technically an insurance, which is directly correlated with revenues. More platform makes, more expensive the policy is. We can cover platforms up to $50M in damages per case [3]. The other thing we are doing differently is that we partnered with WIPO [4] to escalate all cases of fair use/exceptions to a real human being that is properly trained in the copyright laws in each jurisdiction. This also is provided free of charge to all participants. Our larger goal is to introduce VISA-like solution for digital rights and allow the millions of creators be in charge of their works while explicitly leaving the decision making in their hands. ---------- [0] https://pex.com https://pex.com [1] https://www.pinsentmasons.com/out-law/news/cjeu-backs-copyright-directive-article-17-platform-liability-provisions https://www.pinsentmasons.com/out-law/news/cjeu-backs-copyri... [2] https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_A... [3] https://pex.com/blog/introducing-pex-platform-guarantee-enabling-all-platforms-to-thrive-in-the-creator-economy/ https://pex.com/blog/introducing-pex-platform-guarantee-enab... [4] https://pex.com/blog/pex-partners-with-world-intellectual-property-organization-arbitration-and-mediation-center-providing-first-neutral-copyright-dispute-resolution-procedure/ https://pex.com/blog/pex-partners-with-world-intellectual-pr...