Academics Push for Copyright Safeguards Against Over-Blocking

A paper by copyright experts urges decision-makers to implement safeguards to ensure that the enforcement of the EU Copyright Directive doesn’t unduly restrict users.

Today, European academics published a document on the website of the Institute for Information Law at the University of Amsterdam with recommendations on users' freedoms and safeguards regarding Article 17 (previously Article 13) of the Digital Single Market Copyright Directive.

The first part of the paper analyzes how to promote licensing and limit preventive measures. The second part is about the exceptions and limitations in Article 17, such as quotation, criticism, review, and use of caricature, parody, and pastiche. The third part of the paper discusses how to minimize the risks of broad filtering and over-blocking. Academics elaborated safeguards to properly regulate "effective and expeditious" complaints and redress mechanisms during the transposition of the Directive.

This paper reflects the stakeholder dialogue, which has been organized by the European Commission to fulfill its obligation set out in Article 17 (10). The stakeholder dialogue aims to ensure a harmonized application of the rules and help the cooperation between online content-sharing service providers, rightsholders, and users' organizations. The Commission will publish a guideline to establish best practices and help the transposition of the controversial Article 17.

The next stakeholder dialogues will be held on 25 November and 16 December. It is essential to listen to academia and use the opportunity to discuss the recommendations, which are fully endorsed by Liberties. The paper is signed by 50 European academics active in the field of copyright.

Links to our previous copyright content:

Copyright Dialogue: How to Balance Interests of Online Platforms, Rightsholders' and Human Rights

Open Letter: Copyright Working Group Must Include NGO Voices

Copyright Dossier