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FAQ: What is article 13 of the EU copyright reform regulates?

With the copyright law reform seeks to adapt the EU to the claims of the copyright to the present time. Controversial article 13 of the new Directive. What it regulates and what its effects are?

collapse What is article 13 regulates?

According to the pure text is no longer committed to the provision of first platforms to pirated copyright-protected works accessible. You should obtain permission from authors, such as through licensing agreements. If a platform does not do that, you will be liable for future copyright infringement. In any case, if she has not sought in accordance with article 13, paragraph 4, sufficient to permit.

Also - and this point is for the discussion of crucial need to prevent the platform operator that works on your platform, then still available. How you manage that, not the Directive.

Since EU directives do not apply different regulations - in Germany, the new Directive on copyright reform after the adoption of the EU-level into the German law has to be implemented. Here, the legislator has a certain leeway. To note here is that the measures with a view to the size of the platform, the number of Users and the costs incurred must be proportionate, article 13, Para. 4a.

Which platforms are affected?

For Online encyclopedias expressly apply rules to the exception.

Only with the copyrighted works money. Article 2 of the Directive excludes commercial platforms such as Online encyclopedias. Wikipedia would therefore not fall under article 13. Similarly, retailers such as Ebay fall out Online from the statutory scheme. There is a further exception in article 13 itself: Not new platforms are affected in the first three years, if their annual income is below ten million Euro.

the use of Upload Is required Filter?

Specifically required in the Directive. Because the platform must prevent without authorization the access to the copyrighted works, the use of filter technology probably. The legal scientist Matthias Leistner of the Ludwig-Maximilians-University of Munich, said that already today platforms, significant filter duties:

"The existing law is based on a warning with the duty of removing the Material down ('notice & takedown'). In Germany and other member States, but already to the 'notice and staydown'. That is to say, is communicated to the Material once, as illegal to the platform operator, must ensure, within the framework of automatic filtering, also, for the future, that is not the same Material is again available."

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