Call us today0800 160 1298
 
 

Advantage Litigation

Welcome to Advantage Litigation Services. We provide affordable access to commercial litigation.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form

New EU copyright law threatens user generated content

Posted by on in Uncategorized
  • Font size: Larger Smaller
  • Hits: 479
  • Subscribe to this entry
  • Print

A recent decision by the European Parliament approving a new copyright law could have major implications for online user generated content and may even ‘destroy the internet as we know it’ according to user groups.

The changes to the EU Copyright Directive were recently voted in by MEP’s in Strasbourg. The vote has added additional clauses to the existing legislation, namely Articles 11 and 13, dubbed by independent commentators as the ‘link tax’ and ‘upload filter’. The legislation has been updated to bring EU copyright law up to date and fit for purpose for the internet age, and as is so often the case with such changes, its impact is likely to be far greater than originally intended. The decision will now be presented to the 28 EU countries before finalising the detail in law.

The new laws will allow companies to make wide ranging and all-encompassing blocking action of user generated content such as animated GIF’s, or internet memes that use copyrighted content, typically images, videos or written content. The rules will give far more power to copyright owners of such content, from social media platforms through to news organisations and record labels. The legislation will also place the responsibility of screening such content on to the website publishers and platforms themselves, meaning that popular social media companies such as Facebook and YouTube would need to scan and check all uploaded content for potential copyright infringement – a gargantuan task.

Many mainstream media businesses have welcomed the proposed new laws, as it is likely that search engines and websites quoting such sources will be subject to a licence fee for use of the content. However, it could mean the end of popular user generated content from individual’s including music mixes, animated GIF’s and other re-purposed creative content.

The scope of these changes has galvanised response from a wide range of internet technology influencers and decision makers. 70 such individuals, including the ‘inventor of the internet’ Sir Tim Berners-Lee, have written an open letter to the President of the European

Parliament objecting to the implementation of the new rules:

"We support the consideration of measures that would improve the ability for creators to receive fair remuneration for the use of their works online…but we cannot support Article 13, which would mandate Internet platforms to embed an automated infrastructure for monitoring and censorship deep into their networks.'

The letter continues:

“(Article 13)..takes an unprecedented step towards the transformation of the Internet from an open platform for sharing and innovation, into a tool for the automated surveillance and control of its users… Article 13 effectively deputizes social media and other Internet companies as copyright police, forcing them to implement a highly invasive surveillance infrastructure across their entire service offerings…aside from the harm from the provisions of Article 13, this infrastructure can be easily repurposed by government and corporations – and further entrenches ubiquitous surveillance into the fabric of the Internet.”

If you are thinking about suing another company but are worried about the costs of resolving the dispute or going to court, Advantage Litigation Services can help. We have vast experience navigating the different ways of funding commercial dispute resolution and are best placed to help you identify the most appropriate funding option and litigation protection that will best benefit you and your business. Click here to contact us or call 0800 160 1298 to discuss how we can help you manage the risks and find a funding option that works for you.

 

Get in touch

  1. Your Name(*)
    Please let us know your name.
  2. Your Email(*)
    Please let us know your email address.
  3. Company Name(*)
    Please write a subject for your message.
  4. Your Phone Number
    Invalid Input
  5. Message(*)
    Please let us know your message.
  6. Anti-Spam, please enter the characters shown
    Anti-Spam, please enter the characters shown
    Invalid Input

Latest News

  • Despite facing criticism from the legal profession since they were updated in the Damages-Based Agreements Regulations in 2013, forthcoming updates to Damages Based Agreements (‘DBA’) are set to make this model of funding for civil litigation claims far more attractive. DBA’s are a type of contingency fee whereby a solicitor or barrister receives a portion (usually a percentage) of their Clients damages in the event of a legal action successfully concluding. This percentage deduction varies depending on the type of claim, and in addition law firms may also claim back disbursements they have incurred in running the case. The updates to the DBA regulations were recently outlined by Sir Rupert Jackson, a former Lord Justice whose name became synonymous with the massive changes to the legal landscape that resulted from April 2013’s Legal Aid, Sentencing and Punishment of Offenders Act (‘LASPO’) –... Read More

  • Reigning European Cup champions and current runaway Premier League leaders Liverpool FC have failed in their bid to register the word ‘Liverpool’ as part of their wider marketing activities. The iconic club, founded in 1892 and with a fan base of millions throughout the world, had made it clear that they only wanted to register ‘Liverpool’ in the context of football-related activity. The Anfield-based club stated that its application was driven by a desire to protect fans from traders selling unauthorised products bearing the club’s name. However, a recent decision by the Intellectual Property Office (IPO) has refused their application. Even though other clubs such as Chelsea FC have registered place name trademarks for similar football-related commercial usage, the ICO said that in comparison to their Premier League rivals, the ‘geographical significance’ of Liverpool as a city was far more significant... Read More

  • Three senior managers from Tokyo Electric Power Company (TEPCO), the operators of the Fukushima power plant involved in 2011’s nuclear disaster, have been acquitted of professional negligence charges following a high-profile trial in Japan. The three men - Sakae Muto, 69; Tsunehisa Katsumata, 79; and Ichiro Takekuro, 73 - were accused of professional negligence resulting in death and injury for failing to act on information about the risks from a major tsunami. In their defence, they argued that the data available to them at the time was unreliable. Had they been convicted, the three would have faced up to five years in prison. So far, there’s has been the only criminal trial stemming from the disaster. The Fukushima disaster in March 2011 was the largest since Chernobyl in 1986, and whilst there were no deaths from direct radiation exposure in the immediate... Read More