Post-Brexit Britain will avoid Article 17 copyright issues

Web Log: Law has been criticised for potential chilling effect on web-based content creators

Article 17 has been labelled by UK prime minister Boris Johnson as ‘terrible for the internet’. Photograph:   Andy Rain/EPA
Article 17 has been labelled by UK prime minister Boris Johnson as ‘terrible for the internet’. Photograph: Andy Rain/EPA

Internet companies based in the United Kingdom, and indeed UK-based internet users, will not have to abide by article 17 of the EU copyright directive (known as article 13 before it was passed) after 11pm this Friday, January 31st, when Brexit officially happens.

Article 17 has been labelled by UK prime minister Boris Johnson as "terrible for the internet". The article, which will not have to be implemented by EU member states until June 7th, 2021, requires all online content uploaded to or hosted by a website will have to be checked for copyright compliance at which point the UK will be gone.

Unauthorised

It has been criticised for its potential chilling effect on web-based content creators who may not be able to make mashups, share memes, or go viral on TikTok for their Renegade dance once unauthorised clips of copyrighted material are effectively policed across all platforms. However, an amendment to the article in 2019 may allow much of this content “for purposes of quotation, criticism, review, caricature, parody and pastiche”.

How will the rest of the European Union fare on June 7th next year? Balázs Dénes, executive director of the Civil Liberties Union for Europe, has written an open letter to the European Commission asking for stakeholder dialogue and public consultation before the article is implemented.

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He says there are "very explicit concerns about upload filters, the exceptions and limitations and the problem of the liability regime set out in the DSM (digital single market) directive".

https://www.eff.org/document/article-17-open-letter-ecOpens in new window ]