opinion

Red Alert: The EU Copyright Directive

Red Alert: The EU Copyright Directive

If you operate a tube style platform such as YouTube, your world is about to change courtesy of the European Parliament. Less than a year after the GDPR became enforceable, Europe is at it again and this time, tube sites are the primary target.

On March 27, 2019, the European Parliament voted to adopt the European Union Directive on Copyright in the Single Market (the “Directive”) which was first introduced in 2016. The vote tally was 348 to 274 with 36 abstentions. The Directive, which is commonly being referred to as “Article 13” or “Article 17” (note that Articles 13 and 17 are only two parts of the Directive and the Directive has other controversial components) puts more responsibility on services that permit user-submitted content such as YouTube and social media platforms, to stop the sharing of copyright-infringing content.

Tube sites, social media sites and any other adult website that permits user submitted content needs to be on guard and start planning immediately. This is going to be a game changer.

The Directive was fiercely contested by some of the biggest tech companies in the world, including Google, who argued that the new rules would be catastrophic for Europe’s creative and digital economies. Twitter is also concerned about the potential impact on the “open, creative and conversational nature of the internet.” Meanwhile, copyright holders such as Paul McCartney support and argue that the Directive is meant to compensate copyright holders for the works that they created.

The 64 pages of amendments adopted for the Directive can be viewed online at EuroParl.Europa.eu, in addition to a press release titled “Questions and Answers on Issues about the Digital Copyright Directive,” which I encourage everyone to read.

Currently, copyright holders are required to flag alleged copyright violations … but under the Directive, online platforms will be required to filter or remove copyrighted material from their websites without having to receive notice from copyright holders. The Directive makes online platforms and aggregator sites liable for copyright infringement.

Large tube style websites are seriously concerned because they aren’t even sure how they are expected to identify and remove copyrighted content in accordance with the Directive. Many are arguing that the Directive will force platforms to develop and implement software that would screen/review content before it is uploaded to begin with. This type of software would be incredibly difficult and expensive to create and platforms are already questioning whether it’s even technically feasible.

Article 17 did carve out specific types of platforms that are excluded from the Directive including i) Not-for-profit online encyclopedias (example wikipedia.com); ii) Not-for-profit educational and scientific repositories; iii) Open source software-developing and -sharing platforms; Electronic communication service providers as defined in Directive (EU) 2018/1972; iv) Online marketplaces; and v) Business-to-business cloud services and cloud services that allow users to upload content for their own use (example, Dropbox.com).

From a procedural standpoint, following the approval from a majority of EU countries (which is expected to occur next month), each country that is part of the European Union (presently 28) will have to independently create laws that reflect the Directive within two years (Article 29). This means that each country has the ability to interpret and implement the Directive in its own way and website operators may end up with 28 different laws to comply with. This process will most certainly take time and be met with substantial legal challenges.

The entire adult entertainment industry needs to be closely monitoring the Directive and its implementation by European Union member nations. Tube sites, social media sites and any other adult website that permits user submitted content needs to be on guard and start planning immediately. This is going to be a game changer.

This article does not constitute legal advice and is provided for your information only and should not be relied upon in lieu of consultation with legal advisors in your own jurisdiction. It may not be current as the laws in this area change frequently. Transmission of the information contained in this article is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver.

Corey D. Silverstein is the managing and founding member of the Law Offices of Corey D. Silverstein, P.C. His practice focuses on representing all areas of the adult industry and his clientele includes hosting companies, affiliate programs, content producers, processors, designers, developers, operators and more. He is licensed in numerous jurisdictions including Michigan, Arizona, the District of Colombia, Georgia and New York. Contact him at MyAdultAttorney.com, corey@silversteinlegal.com and (248) 290-0655.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

How to Halt Hackers as Fraud Attacks Rise

For hackers, it’s often a game of trial and error. Bad actors will perform enumeration and account testing, repeating the same test on a system to look for vulnerabilities — and if you are not equipped with the proper tools, your merchant account could be the next target.

Cathy Beardsley ·
profile

VerifyMy Seeks to Provide Frictionless Online Safety, Compliance Solutions

Before founding VerifyMy, Ryan Shaw was simply looking for an age verification solution for his previous business. The ones he found, however, were too expensive, too difficult to integrate with, or failed to take into account the needs of either the businesses implementing them or the end users who would be required to interact with them.

Alejandro Freixes ·
opinion

How Adult Website Operators Can Cash in on the 'Interchange' Class Action

The Payment Card Interchange Fee Settlement resulted from a landmark antitrust lawsuit involving Visa, Mastercard and several major banks. The case centered around the interchange fees charged to merchants for processing credit and debit card transactions. These fees are set by card networks and are paid by merchants to the banks that issue the cards.

Jonathan Corona ·
opinion

It's Time to Rock the Vote and Make Your Voice Heard

When I worked to defeat California’s Proposition 60 in 2016, our opposition campaign was outspent nearly 10 to 1. Nevertheless, our community came together and garnered enough support and awareness to defeat that harmful, misguided piece of proposed legislation — by more than a million votes.

Siouxsie Q ·
opinion

Staying Compliant to Avoid the Takedown Shakedown

Dealing with complaints is an everyday part of doing business — and a crucial one, since not dealing with them properly can haunt your business in multiple ways. Card brand regulations require every merchant doing business online to have in place a complaint process for reporting content that may be illegal or that violates the card brand rules.

Cathy Beardsley ·
profile

WIA Profile: Patricia Ucros

Born in Bogota, Colombia, Ucros graduated from college with a degree in education. She spent three years teaching third grade, which she enjoyed a lot, before heeding her father’s advice and moving to South Florida.

Women In Adult ·
opinion

Creating Payment Redundancies to Maximize Payout Uptime

During the global CrowdStrike outage that took place toward the end of July, a flawed software update brought air travel and electronic commerce to a grinding halt worldwide. This dramatically underscores the importance of having a backup plan in place for critical infrastructure.

Jonathan Corona ·
opinion

The Need for Minimal Friction in Age Verification Technology

In the adult sector, robust age assurance, comprised of age verification and age estimation methods, is critical to ensuring legal compliance with ever-evolving regulations, safeguarding minors from inappropriate content and protecting the privacy of adults wishing to view adult content.

Gavin Worrall ·
opinion

Account-to-Account Payments: The New Banking Disruptor?

So much of our industry relies upon Visa and Mastercard to support consumer payments — and with that reliance comes increased scrutiny by both brands. From a compliance perspective, the bar keeps getting raised until it feels like we end up spending half our time making sure we are compliant rather than growing our business.

Cathy Beardsley ·
profile

WIA Profile: Samantha Beatrice

Beatrice credits the sex positivity of Montreal for ultimately inspiring her to pursue work in adult entertainment. She had many friends working in the industry, from sex workers to production teams, so it felt like a natural fit and offered an opportunity to apply her marketing and social media savvy to support people she truly believes in and wants to see succeed.

Women In Adult ·
Show More