We’ve written before in this space about Articles 11 and 13 — fan-unfriendly legal proposals in the EU. On September 12, the European Parliament voted in favor of those proposals. Is it bad? Yes. Is it the end of the story? No. Is it going to change the AO3? Probably not. What can you do about it? Read on.
Articles 11 and 13 impose new requirements on sites that host user content, like the AO3, Tumblr, YouTube, and the like. In the United States, the Digital Millennium Copyright Act protects these sites from some kinds of copyright liability, so that the sites aren’t responsible for infringing content posted by their users unless the sites know it’s there and that it’s infringing. That’s why most sites have “notice and takedown” policies: if they’re warned about infringing content, they have to take it down — and they’re allowed to take fair use into consideration when they decide whether or not to take a work down. Articles 11 and 13 put the burden of preventing infringement on sites, rather than users, and make some very incorrect assumptions about the ability of algorithms to identify what uses infringe and what uses are non-infringing fair uses. (more…)