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EU Legal Developments, the AO3, and You

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…)

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Fight Fan-Unfriendly EU Legal Developments–Time to Act!

Back in July, fans and allies helped convince the European Parliament to schedule a vote rather than automatically approving some fan-unfriendly proposals. Now it is time to act! The European Parliament will be voting on these proposals in a few days. The short version of “what can I do” is: Contact your MEP now. For the longer version, and a discussion of why these proposals matter to fans, read on!

What Are Articles 11 and 13, and Why are They Bad for Fans?

Fandom loves and thrives on the Internet, and the Internet loves and thrives on fandom! So much of what makes fan communities and fan creativity work so well are the same things that make the Internet what it is: people sharing their transformative creations and linking to things that drive their interests. We post vids, gifs, fics, filks, and so many other wonderful, creative things! We link to news stories about our favorite shows, writers, performers, and trends! We use these things to find ourselves and communicate with people all around the world. (more…)

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EU Copyright Developments and Fans (UPDATED)

UPDATE: Great News! On July 5, the European Parliament voted against automatic approval of Articles 11 and 13. The Parliament will now consider amendments and vote again in September. So there is more work to do, but this vote made that work possible. For more information about the issue, read on.

OTW Legal has gotten a lot of questions about a recent development in European Union Copyright Law: the Legal Affairs (JURI) committee of the European Parliament adopted a “Proposal for a Directive on Copyrights in the Digital Single Market.” This proposal contains some fan-unfriendly provisions, known as “Articles 11 and 13.” Nothing is set in stone yet: Now that the JURI committee has approved the provisions, they will go to the European Parliament, after which there may be an opportunity for further debate. But what are these provisions, what would they mean for fans if the European Parliament approves them, and what can fans do right now? The short version is: Contact your MEP now. For the longer version, read on. (more…)