Upload filter legislation finally adopted by EU

The Member States of the European Union have definitively agreed to the new copyright law. This means, among other things, that a so-called upload filter can be introduced because online platforms are now responsible for copyright violations.

In concrete terms, the legislation now adopted by the EU includes a number of changes in the field of copyright. The most controversial change is the creation of a well-functioning marketplace for copyright. These regulations are likely to lead to an upload filter for online platforms.

The Directive now adopted includes new rights for publishers to use their publications online. Authors of works included in the relevant publications are entitled to a share of the publisher’s income arising from these new rights. Only the creation and uploading of content such as quotes, criticisms, reviews, caricatures, parodies and pastiche are free from the regulations that have now been adopted.

Consequences for online platforms

This has consequences for online platforms that are based on a model with content uploaded by users. These platforms should, in principle, be licensed for copyrighted works uploaded by users, unless certain conditions of the Directive are met.

This means that these platforms, such as Facebook, Google or YouTube, have to make an active effort to protect copyrighted material and to compensate the real authors for this. This can be quite expensive for them, so it is expected that an upload filter will be activated for this purpose.

European Parliament previous agreement

Nineteen European Member States agreed to the new law. The Netherlands, Luxembourg, Italy, Poland, Finland and Sweden voted against. Belgium, Estonia and Slovenia refused to vote. This was such a large majority that the law was adopted. The European Parliament had already approved the new rules on copyright on 26 March.