The creators and publishers of the news will be able to negotiate with online giants through a copyright agreement that also includes guarantees of freedom of speech.
The agreement reached between the negotiators of the European Parliament and the Council aims to ensure that rights and obligations arising from copyright rules also apply to the Internet. YouTube, Facebook and Google News are just some of the online companies whose new regulations will be most directly concerned.
The agreement represents an important step towards a change in the situation that allowed several companies to make huge sums of money without proper remuneration one thousand creators and journalists on whom they depend. At the same time, the agreement contains numerous provisions to ensure that the Internet remains a place of free speech
The legislators also sought to keep the Internet a space of free speech. Fragments of articles will continue to be available, as will GIFs and memes.
The agreement aims to increase the chances of copyright holders, in particular musicians, performers and script authors, as well as news publishers, to negotiate better remuneration for the use of their works posted on online platforms.
Protection of freedom of expression
The sharing of fragments of articles will not include the rights of the media house which produced the available article. However, the agreement also contains provisions to avoid the abuse of this exception by information services. Therefore, the passage may still appear, for example, on Google News or on Facebook, provided it is "very short".
The agreement guarantees the possibility of sending songs for quotes, criticisms, reviews, caricatures, parodys or pastiches, so that memes and GIFs will continue to be available and made available on online platforms.
Many online platforms will not be covered by the Directive
The text also states that sending works in a non-commercial way to online encyclopedias such as Wikipedia, or open source software platforms such as GitHub, will be automatically excluded from the scope of the directive. In addition, start-ups will be subject to milder requirements than those with a more established position.
Authors and contractors will be able to apply for an additional remuneration from a distributor using their rights when the initially agreed remuneration is disproportionately low in relation to the benefits obtained by the distributor.
How the Directive changes the status quo
Currently, Internet companies have little incentive to sign licensing agreements with rights holders, as they are not held responsible for the content sent by their users. They are only obliged to delete copyright-infringing content and only if requested by their right-owner.
For rightholders, this is burdensome and does not guarantee a fair income.
Taking responsibility by online companies will increase the chances of right holders (in particular musicians, performers and screenwriters, as well as news publishers and journalists) to enter into fairer licensing agreements and thus obtain fairer remuneration for the digital use of their works.
Rapporteur Axel Voss (EPP, DE) said: "The agreement represents an important step towards changing the situation that allowed several companies to make huge sums of money without adequate remuneration one thousand creators and journalists on whom they depend.
At the same time, the agreement contains numerous provisions ensuring that the Internet remains a place of free speech. These provisions were not necessary in themselves because the Directive would not create any new rights for their holders.
Nevertheless, we have heard the concerns raised and have chosen a double guarantee of freedom of speech. "Memes", "gifs", citations and passages of texts will now be more protected than ever before. I am also pleased that the text agreed today attaches particular importance to the protection of start-ups.
Tomorrow's leading companies are start-ups, and their diversity depends on a large number of innovative, dynamic, young companies. This is an agreement that protects people's lives, democracy by defending a diverse media landscape, strengthens freedom of expression and encourages start-ups to operate and technological development.
It helps prepare the internet for the future and create a space that benefits everyone, not just a group of the most powerful."
The agreement must now be approved by the representatives of the Council, Parliament's legal committee and Parliament's plenary.