Federation response to the European Parliament decision to adopt copyright position

September 12, 2018

The European Parliament has today adopted its position on the Directive on Copyright in the Digital Single Market.

The European Parliament’s position includes the following:

If rights holders request it, online content sharing platforms which host their copyright-protected works would need to agree “fair and appropriate” licensing agreements with right holders.

Where rights holders do not wish to conclude a license, online platforms and rights holders would be required to “cooperate in good faith” to ensure infringing content is not made available on their services.

Publishers such as newspapers, magazines and news websites would have a new right aiming to facilitate licensing and enforcement when publications and extracts are used online. This would not extend to hyperlinking and authors whose works are incorporated and would be entitled to an appropriate share of the remuneration.

The European Parliament’s decision means that it can now enter discussions with the Council of the European Union on the final text of the Directive. However, time is running out with European Parliament elections due next year and the UK will exit the EU in March 2019 meaning it could no longer be required to adopt EU legislation.

Alan Bishop, Chief Executive of the Creative Industries Federation, said:
“As discussions continue towards a final outcome, we will be working closely with our creative and tech members to encourage a constructive dialogue. The digital age creates both significant opportunities and huge challenges for the creative industries and it is essential that we tackle this rapidly changing landscape together. We believe strongly that creatives be properly remunerated for their work, and will continue to advocate for this.”

Many artists and producers argue that their rights are increasingly infringed online. In the debate on the Directive, they call for changes which would ensure digital platforms take more responsibility for copyright infringing works uploaded by users and for measures to help them better protect and enforce their rights.

Digital platforms and internet activists however argue that the proposals in the Directive would have negative implications for the freedom of the internet, leading to digital platforms being required to proactively monitor the internet and its users.

The Directive has been divisive. However, as creatives and tech platforms continue to collaborate more and more closely, constructive dialogue will be essential. The Federation is committed to developing a process through which it can act as an independent facilitator between its members on the future of the internet.

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