Copyright: The new law and its consequences


Can creative content, and their creators more and more of their recovery involved be protected? Google and co. to the curb? Critics of the EU copyright reform doubt it.

Music, texts, images, Videos, Audios – the Internet is a wonderful treasure trove for the creations of creative people. But who may benefit from the services of the Creative? Since 2013, raged the battle for a revision of the copyright law. The target was no longer in front of all the major Internet platforms should benefit by advertising revenue and data from the levy of the they provide attractive Offers. The actual authors of all of the musician, writer and Translator, filmmaker, speaker, and sounds collector, also, not belonging to the Prominent of your respective scene, to be involved should receive substantially more financial support to the with their products revenues. However, no one actually had something.

The goal: copyright violations to avoid

YouTube, for example, has already agreed some time ago with the GEMA, the collecting society for music over royalties. However, the attempt to create European-level conditions, to prevent future copyright infringement, led to fierce clashes and crack depth trenches. Especially when it came to the area word, journalistic or literary texts, articles, quotes, Satire.

In the whole of Europe protested shortly before the adoption of hundreds of thousands of

Millions of opponents of the Reform under petitions signed on the Internet against the Directive. Hundreds of thousands protested shortly before the adoption of the amendment on the streets and the Internet against the Reform, saw in the EU template the wrong way and the free Internet is in danger, if all content should be tested before their deployment on possible copyright violations.

The EU digital single market is re-regulated

However, after the 15. April in the EU-Council Directive on the revision of the digital EU it was decided to single market, seemed silenced the critics. To hear the positive voices of the associations and collecting societies. Hardly the result of the vote of the EU member States was known, as published in the stock exchange Association of the German book trade, the demand to Reform this year in its national law. As for the adoption of corresponding laws by the parliaments in the EU countries now have two years time.

The Background is not straightforward: the Reform of publishers need to be in the future again involved in the license fees for the use of the works published – a commitment that had prevented the German case-law after a long dispute three years ago by law.

Wikipedia was at 21. March for a day offline to Protest against the copyright amendment

Also, the Association of German writers (VS) welcomed the European Council on the Directive on copyright. “The principle that the Creators and performers of art and culture to the economic success of their work to participate, will be strengthened by the Directive on a Europe-wide”, the Chairman of the Association, Lena Falkenhagen, said.


Will benefit the Creative actually?

The Association of literary translators (VdÜ) joined the writers ‘ Union in terms of content. You have said for twenty years, “that we are not compensated on a contractual level”. It speaks beyond bureaucratic embossed formulations with authors and Translators, doubt, however, many of them, that the Position of the Creative to on the Internet platforms will be strengthened by the Reform. A standard contract for Translations, for example, there is a long time, only not a single publishing company holding, in practice, individual contract agreements.

“For the authors of the amendment is to bring the least, both financially and otherwise, no real strengthening of the author is” afraid of the critic Wolfgang Tischer. His page is one of the ten most-used German-language websites of the independent literary scene. “The newspaper publishers have the performance right now at a European level of pure writing and the book publishers have secured the legalization of the courts as illegal, classified participation on the contributions of the collecting societies.”

Independent authors fear difficulties

He is likely right. The collecting society VG Media, which represents the rights of publishers and private broadcasting and television stations, has already filed a complaint three days after the EU decision against Google, although the Federal government must develop the national law. It is about claims of several billion euros to pay Google retroactively up to the year 2013.

In fact, any copyright filter violation, however, would not be appropriate to say something, Vera Nentwich. Nevertheless, the Chairman of the self publisher Association considers the amendment is questionable. The Association represents about 120,000 German-language authors from Germany, Austria and Switzerland, which publish their works without a publishing house. Since 2015, existing interest representation is critical for the regulation of the data groups. “It offers difficulties, and very a lot of open doors for companies to make us as independent authors life difficult,” says Nentwich. “The Internet platforms will incorporate obstacles that cause authors to upload their works, or in any Form will be able to market. We perceive partially now already. The regulation gives publishers the right to funds in the us that don’t belong to you, actually.”

Upload Filter to threaten the freedom of the Internet?

Filter, is tested, what is to be uploaded on some of the platforms already in use. If smaller platforms can provide in the future, the sophisticated Software that is still questionable. Giants like Facebook and Google could continue to strengthen. Doubtful to see a lot of commentators, but especially like this Upload Filter will work.

A Central point of dispute: article 13 of the EU amendment, the Filter applies to the Upload

Was sacrificed with the new rules that are supposed to control the major Internet platforms better, the freedom of the Internet? “Nobody knows up to now what is covered by the right of quotation. Whether the platform will have to pay if I post in Facebook for my ten friends, a poem, or it makes a difference, if I have a Million Followers,” Wolfgang Tischer. “Where are the standards?” May be this Filter prevented in the future even authors can publish their own texts, is afraid of book bloggers.

Censorship through technology

A kind of automated censorship, and beyond control by Upload Filter, this fear was a main argument of the critics in the previous discussion. “The technique does not distinguish, for whom she is working”, says Wolfgang Tischer. “The change of the Internet is at the latest then, when these filters are also used for purposes other than for the audit of the copyright law.”

The EU’s template is Much still in the Vague. The German government has adopted at the end of what the EU Parliament, presented in March as a template and the EU-Council, by law, is still open.