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'Upload Filters' Don't Violate Freedom of Expression, EU Top Court Rules
Ernesto Van der Sar, 26 Apr 10:54 AM

eu flagIn 2019 the European Parliament adopted the new Copyright Directive that aims to modernize how copyright is protected in the online environment.

After the directive passed, individual EU member states began working to implement the text into local law.

'Upload Filters'

This includes the controversial Article 17, which requires online services to license content from copyright holders. If that is not possible, these companies should ensure that infringing content is taken down and not re-uploaded to their services.

Many opponents fear that this language will effectively lead to broad 'upload filters' that will take down more content than needed. These concerns been reiterated by several experts over the years.

After massive protests failed to stop the legislation, Poland became the last beacon of hope for the opposition. The country petitioned the EU Court of Justice to annul Article 17, claiming it would violate the freedom of expression of European citizens.

Last summer, EU Advocate General Saugmandsgaard Øe advised the Court not to grant Poland's request. The AG argued that 'upload filters' would not significantly harm freedom of expression.

CJEU Dismissed Polish Opposition

Today, the EU's top court issued its final decision, siding with the Advocate General's advice. This means that Article 17 of the EU Copyright Directive will remain in place, effectively putting an end to several years of opposition.

According to the Court, Article 17 contains sufficient safeguards to limit the potential negative effect on people's freedom of expression. For example, any automated filtering tools should be able to clearly distinguish lawful from illegal content.

"The EU legislature […] laid down a clear and precise limit on the measures that may be taken or required in implementing the obligations laid down in that provision, by excluding, in particular, measures which filter and block lawful content when uploading," CJEU writes in a press release.

The Court also stresses that Article 17 can't lead to a general monitoring obligation. This means that online services should only filter content that's flagged as infringing by copyright holders. In addition, the Court notes that copyrighted works can still be used for parody and pastiche under the EU's copyright exceptions.

Striking a Balance

According to the CJEU, there are sufficient procedural safeguards in place to protect freedom of expression. While mistakes can never be ruled out, it believes that Article 17 strikes "a fair balance" between the rights of copyright holders and those of the public.

Member States should keep this "balance" in mind when implementing the legislation into national law.

"Member States must, when transposing Article 17 of the Directive into their national law, take care to act on the basis of an interpretation of that provision which allows a fair balance to be struck between the various fundamental rights protected by the charter of fundamental rights," CJEU writes.

Several EU countries have postponed their implementation of Article 17 pending the outcome of this case. With today's judgment, there's no ground for any further delays.

While the CJEU ruling puts an end to legislative opposition, it will not be the last time we hear of Article 17. The next step is to wait for actual lawsuits where the language is put to the test. These may eventually find their way to the EU's top court as well, for further interpretation and fine-tuning.

From: TF, for the latest news on copyright battles, piracy and more.

RIAA & Homeland Security's IPR Center Team Up to Fight Online Piracy
Andy Maxwell, 25 Apr 07:59 PM

RIAAFollowing a disastrous few years at the turn of the century where the major labels failed to accept the direction their own industry was heading, streaming services such as Spotify are now giving the majority of music consumers what they have demanded all along.

Massive libraries of accessible music at prices suitable for all pocket depths are helping the industry back to its glory days, with last year proving the most successful on record. But despite music being readily available for free, somehow piracy is still an issue for the world's largest labels, with stream-ripping platforms the current boogeyman.

In recent years, the majors have targeted some of these services in successful civil lawsuits but a new partnership suggests that criminal enforcement may lie ahead for selected targets.

RIAA and Homeland Security's IPR Center Team Up

A joint announcement from the National Intellectual Property Rights Coordination Center (IPR Center) and the Recording Industry Association of America (RIAA) reveals a long-term agreement that formalizes and expands cooperation between the public and private sectors in the fight against all forms of digital piracy.

Through the signed Memorandum of Understanding, the IPR Center and RIAA will implement "an aggressive multi-layered strategy to strengthen the digital ecosystem" including training events and the promise to "dismantle large-scale online criminal enterprises" via referral packages on the "most egregious violators."

Prospects for Criminal Enforcement

Potential targets for dismantling are not discussed in the announcement. Thus far, stream-ripping platforms have been handled in civil lawsuits and services mentioned in the RIAA's submission to the USTR 'Notorious Markets' list (MP3Juices.cc and Newalbumreleases.net) are presumably based overseas, given the nature of the process.

Clues may be available in the European Commission's equivalent list, but US-based criminal enforcement for music piracy has been rare, with the last notable case concluding four years ago with a five-year prison sentence for the former operator of ShareBeast and AlbumJams.

Given trends over the years, it seems likely that platforms engaged in pre-release piracy could be at the front of the queue for enforcement, while a criminal conviction relating to a stream-ripping service could prove strategically useful in the US. That being said, the partnership appears to be gearing up for greater international enforcement.

IPR Center Acknowledges Overseas Links

"Investigations into illicit streaming services are extremely complex; these services are typically operated from abroad through multi-faceted schemes that touch numerous countries," says acting director of the IPR Center, Ricardo Mayoral.

"Because of this complexity, our partnership with RIAA brings us one step closer toward dismantling criminal enterprises that think they are above the law, attempting to use the internet to hide illicit activity."

According to Brad Buckles, the RIAA's Chief Content Protection Officer, digital piracy is "too big a problem for any one artist, industry, or agency to handle on their own" so the public/private partnership will address that with enhanced cooperation and coordination.

"As global piracy operations evolve their tactics and innovate new ways to steal and profit from creative works, this MOU will empower creators and the federal government to work together on the cutting edge of this fast-moving fight," Buckles says.

Reading between the lines, rather than the RIAA having to wade through the complexities and restrictions usually associated with civil lawsuits, it will now have have direct access to powerful toolkits only usually available to government agencies – with the public, at least in part – picking up the bill for enforcement.

IPR Center Now Partners With All Major Rightsholders

RIAA's announcement that it will partner with IPR Center follows similar moves by major players in the movie, TV show and broadcasting sectors.

In September 2020, the MPA and anti-piracy coalition Alliance for Creativity and Entertainment signed an similar agreement with IPR Center and earlier this year, the groups revealed they would embed their own personnel in the government department.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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