“A setback but not the end”: Rights bodies lament Article 13 defeat

Collecting societies and performance rights organisations across Europe have reacted with disappointment to the rejection of the proposed EU Copyright Directive by MEPs earlier today.

In the run-up to today’s vote, music industry bodies and their counterparts in the tech sector were sharply divided on the merits of the new directive, especially its controversial Article 13: songwriters’ representatives say the legislation would ensure fair remuneration of creators when their works are used online, while internet freedom activists, including the web’s creator, Tim Berners Lee, have said it would transform the internet into a “tool for the automated surveillance and control of its users”.

Music biz, internet on collision course ahead of Article 13 vote

The directive’s critics are particularly concerned that Article 13 – which would compel “online content sharing service providers”, such as social networks or video-sharing sites like YouTube, to take “effective and proportionate” measures to combat the sharing of copyrighted works – would require the implementation of automated copyright checking systems, dubbed “censorship machines” or “upload filters”.

Members of the European Parliament (MEPs) voted this morning 318–278 in favour of rejecting the bill in its current form, with a further plenary session debating its content set for September. “I regret that a majority of MEPs did not support the position which I and the legal affairs committee have been advocating,” says German MEP Axel Voss. But this is part of the democratic process. We will now return to the matter in September for further consideration and attempt to address people’s concerns while bringing our copyright rules up to date with the modern digital environment.”

Robert Ashcroft, chief executive of the UK’s PRS for Music, says lobbying by big tech companies – if you believe UK Music, €31m from Google alone – influenced the outcome of the vote. “It is perhaps unsurprising, considering the unprecedented level of lobbying and the comprehensive campaign of misinformation which has accompanied this vote, that MEPs want more time to consider the proposals,” says Ashcroft.

“The vote showed that many MEPs across the various European political parties understand the importance of fixing the transfer of value and of a well-functioning market for copyright. We appreciate their support and hope that as we move forward to the plenary debate in September, more MEPs will recognise the unique opportunity to secure the EU’s creative industries.

“We will not be discouraged by today’s decision, and will continue to mobilise the support of musicians and music lovers across the world”

“From the outset, our primary focus of this legislation has been concerned with whether or not the internet functions as a fair and efficient marketplace – and currently, for artists and authors, it doesn’t. They want their creative works to be heard, they embrace technology, but they want to be paid fairly. We will continue to fight for what we believe is their freedom and a fair use of their creative works.”

David El Sayegh, the secretary-general of PRS’s French counterpart, Sacem, comments: “This vote is a setback but it is not the end. Sacem remains dedicated to ensuring that creators are recognised and remunerated for the value of their work. We will not be discouraged by today’s decision and will continue to mobilise the support of musicians and music lovers across the world, in the hopes of reaching a fair agreement with these platforms that will safeguard the future of the music industry.

“We are confident that the European Parliament will eventually support a framework that fully acknowledges the rights of creators in the digital landscape of the 21st century.”

BPI, the association of UK record labels and organiser of the Brit Awards, says in a statement: “We respect the decision by MEPs to have a plenary discussion on the draft Copyright Directive. We will work with MEPs over the next weeks to explain how the proposed directive will benefit not just European creativity, but also internet users and the technology sector.”

Gesac (the European Grouping of Societies of Authors and Composers), which represents 31 collection societies, says the defeat marks a “missed opportunity to fix the current unfairness in the digital market once and for all”.

“The EU parliament has recognised that machine censorship of copyrighted material is not an easy and simple fix”

“This vote was never about censorship or freedom of speech. It was only about updating the copyright rules for the 21st century and ensuring that creators get a fair remuneration when their works are used in the digital space,” says Gesac president Anders Lassen. “[U]nfortunately, manipulative campaigns orchestrated by tech giants, based on scaremongering, prevailed on this occasion. We are confident that the European Parliament will finally approve what is right for the future of the EU’s economy, competitiveness and fundamental values against these global forces”.

While PRS and their allies have sought to paint the ‘no’ vote as a temporary stay on the legislation while MEPs consider their options, the directive’s opponents are, unsurprisingly, claiming victory in what privacy campaigner Jim Killock, executive director of Open Rights Group, calls “round one of the robo-copyright wars”.

“The EU parliament has recognised that machine censorship of copyrighted material is not an easy and simple fix. They’ve heard the massive opposition, including internet blackouts and 750,000 people petitioning them against these proposals.

“Everyone across Europe who wants this fixed will have to work hard to make sure that parliament comes up with a sensible way forward by September.”

Meanwhile, Julia Reda, an MEP for Pirate Party Germany, tweeted that anti-Article 13 campaigners’ “protests have worked”:

Great success: Your protests have worked! The European Parliament has sent the copyright law back to the drawing board. All MEPs will get to vote on #uploadfilters and the #linktax September 10–13. Now let's keep up the pressure to make sure we #SaveYourInternet! pic.twitter.com/VwqAgH0Xs5

— Felix Reda (@Senficon) July 5, 2018

The next vote will take place from 10 to 13 September 2018.

This article will be updated.

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