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Misconceptions about the Copyright Directive - by MEP!

I just came across a couple of misconceptions that are haunting the minds of politicians after the approval of the copyright line. At the end of the day, you probably shouldn’t listen to politicians, but to people who know their stuff.

Let’s start with statements by our dear “friend” Voss. And yes, I probably violated a performance right with that post.

The nice gentleman’s view of “public” should have absolutely no validity. As I just wrote, even posting images in a closed Facebook group can be copyright infringing.

Also wrong, in my opinion, is the statement that with the copyright reform (should they pass the Council) now suddenly everything, whether you have the right or not, can be published on Facebook or YouTube just like that, because the liability would pass to the platform

I can find no equivalent to this in Article 17 of the Directive. If the platforms are liable, that is, in addition to the user, and it can also be assumed (should courts not already infer otherwise) that platforms will use T&Cs in the future that allow platforms to hold themselves harmless from a user who has committed an infringement that caused the platform to be liable.

There will certainly be countless legal questions surrounding copyright reform that will keep lawyers and courts busy for a long time. However, neither the states, in implementing the directive, nor courts, in evaluating questions of detail or problems of interpretation, will suddenly turn decades-old principles on their heads!

So be careful with what you read from members of the European Parliament 😉

 

Marian Härtel

Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.

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