I know folks mean well, but arguing that Article 13 will deprive media corporations of the free advertising furnished by Internet memes and fan media isn’t going to get you anywhere because that’s the entire point.
The whole idea of Article 13 – and the push toward copyright overreach more generally – is to make self-publishing (of all kinds, not just fan media) so onerous that only folks who operate under the auspices of corporate backers can afford to do it.
i.e., they’re trying to roll back to the pre-Internet status quo when a tiny handful of publishing corporations had absolute control over all non-local media distribution channels, and – unless the author was independently wealthy – media was permitted to reach a wide audience only with their explicit approval.
The mechanism is pretty straightforward: Article 13 and legislation like it would establish a presumption in law that the corporate claimant in any copyright dispute is correct, and place the onus upon the author as a private individual to prove otherwise. At the time of this writing, the average cost of bringing a copyright dispute to court is in the neighborhood of $200 000. What private individual has that kind of money?
It’s not just about fan media. This type of legislation would allow publishing corporations to claim that they own anything they please, and hosting providers would be obliged to block distribution of that content purely on the claimant’s say-so, unless and until the dispute is resolved in court – and unless you’ve got two hundred grand to burn, that resolution will never happen.
Of course, there’d be remedies short of going to court – like, say, signing on with a publishing company yourself, so that they can “protect” your intellectual property on your behalf. See where this is going?
Pointing out the potential for short-term harm to publishing corporations’ bottom line is a non-starter because no amount of loss of exposure could possibly outweigh the benefits to the publishing corps if the long game pays off.
There’s been a major development over the past 24 hours: another member of Congress just came out in support of the House Congressional Review Act resolution to overturn FCC Chairman Ajit Pai’s net neutrality repeal.
This is a big deal and could help push other lawmakers do the same, but we have to act fast because the deadline is just over a week away.
We’ve been fighting for months without seeing any movement in Congress, watching the clock ticking down to the deadline. But Rep Joe Morelle (NY-25) his support for the Congressional Review Act (CRA) resolution could change that.
If we act fast, we can leverage this new momentum to unleash a small landslide of other representatives coming out for net neutrality before the December 10th deadline, which will make a huge difference in the battles ahead.
Your voice matters. As part of today’s Internet-wide day of action, thousands of others are speaking out, along with celebrities, musicians, and websites like Tumblr, Postmates and Etsy.
You can join them and show your support for net neutrality by submitting an ‘I support net neutrality’ photo. We will be flooding lawmakers’ social media feeds with pictures, so if they decide to vote against the open Internet we will make them look us in the eye as they do it.
We can’t let this deadline come and go without making Congress remember that the whole Internet is watching. We’re still fighting for net neutrality. And we won’t forget if they betray us.
Tell everyone you know to take action at DeadlineForNetNeutrality.com and spread the word any way you can. Click here to find ideas on how you can use your slice of the Internet – whether that’s your Tumblr blog, a website you run, or any of your social media accounts – to help get the word out. We’re counting on you!
WILL BE BLOCKED BECAUSE of SOME OLD POLITICIANS “that know the youth and the internet the best then anyone else” IN THE SENATE THINKING THEY KNOW BETTER SHUTTING DOWN YOUTUBE AND OTHER SOCIAL PLATFORMS FOR ME AND PEOPLE LIVING IN THE EU FOREVER!
PLEASEEEEEEEEEEEEEEEEEEEEEEE I REPEAT THE ARTICLE HAS BEEN CHANGED COMPLETELY NO FUCKING JOKE GUYS! LAST TIME IT WAS ALL ABOUT PROTECTION NOW THEY ADDED SOME STUPID STUFF AND THEY WILL BE TAKING AWAY MY YOUTUBE; SOCIAL MEDIAS AND EVERYTHING!
PLEASE SIGN UP IN THIS PETITION IF WE DON´T HIT 5 MILLION GERMANY AND SO MANY EUROPE COUNTRIES WILL LOSE THEIR SOCIAL AND MORE!
SHARE THIS POST AND SIGN UP AND VOTE THE MORE THAN BETTER! Let’s SHOW THESE OLD PEOPLE THAT YOUTUBE, TUMBLR, INSTAGRAM AND ALL THESE GREAT OTHER SITES AREN´T FUCKING USELESS AND SHET BECAUSE THEY DO NOT KNOW WHAT SOCIAL MEDIA IS! INSTEAD OF TAKING THESE PRECIOUS THINGS THEY SHOULD WORRY ABOUT OTHER.STUFF ( Migrants, new school system) BUT NAH THEY WANT TO TAKE AWAY OUR SOCIAL MEDIAS
I REPEAT article 13 HAS COMPLETED CHANGED AND IN A FEW MONTHS IT WILL TAKE AWAY OUR SOCIAL media LIKE TUMBLR AND YOUTUBE HERE IN EUROPE PLEASE SIGN UP FOR US GUYS I BEG YOU!
Article 13 is still in its final stages of voting. The problem is not that people don’t want to protect copyright, it’s that the LANGUAGE of the LAW is TOO VAGUE and OPEN TO ABUSE. IT COULD PASS THIS YEAR.
This law WILL impact EVERYBODY. Media platforms like YouTube will not bother to have different policies for the EU and for everybody else, they’ll just apply strict EU laws to EVERYONE.
MILLIONS OF PEOPLE WILL LOSE THEIR JOBS. You can yammer on all day about how people shouldn’t be building a career on an industry like YouTube or Instagram anyway, but the world changes, and there is actually not much different between YouTube content creators and traditional media like movies and TV. Youtubers, Instagram models, hell, even kids who use apps like TikTok are either directly or indirectly CREATING JOBS, and you CANNOT deny that. ALL OF THESE JOBS WILL BE PUT IN JEOPARDY IF ARTICLE 13 IS PUT INTO PLAY. THE ONLY CONTENT CREATORS THAT WILL BE ABLE TO THRIVE POST ARTICLE 13 IS BIG MEDIA COMPANIES.
THIS IS NOT FEARMONGERING. Is it scary, even anxiety-inducing that Article 13 could take away the only safe space that some people have—the Internet? YES. But we CANNOT close our eyes and scroll past all the article 13 posts because they make us anxious, or because they make us sad. YOU CAN MAKE A DIFFERENCE. Reblog/make posts. Spread awareness. Tell your friends. AND FOR THE LOVE OF GOD, IF YOU LIVE IN THE EU, TALK TO YOUR REPS. IT IS NOT TOO LATE TO SAVE OUR INTERNET.
We’re currently going through a scare on Tumblr where your blog could get taken down at any time for any unclear reason, because they’re cracking down on child porn. That is good, but many people with perfectly appropriate blogs are having them taken down, too. The thing is, right now, you can still get your blog back without hassle if it is taken down by mistake. Imagine if your blog was taken down simply for making or reblogging a meme, gif of your favorite TV show, or simply producing art that isn’t 100% original, and Tumblr COULD NOT RESTORE IT BECAUSE THEY WOULD BE HELD RESPONSIBLE FOR COPYRIGHT VIOLATIONS BY ARTICLE 13. That could be our reality. Do NOT turn a blind eye to this.
tl;dr Article 13 will 100% change the internet as we know it for the worse, and you aren’t safe even outside of the EU. SPREAD THE WORD. EU RESIDENTS CONTACT YOUR REPRESENTATIVES.
I know you guys love to shit on MatPat here, but he made a wonderful and interesting video going into more detail.
Article 13 is going into it’s final stages of voting.
If this gets through, it will allow many, many companies to abuse and misuse this article to take down as many memes, fan works, and even other independent creators on sites like YouTube, Facebook, and other websites INCLUDING Tumblr.
THE FAIR USE LAW AND SAFEHARBOR LAW WILL NO LONGER APPLY IN THE U.S OR IN OTHER COUNTRIES.
IT HAS ALREADY PASSED IN SEVERAL OTHER COUNTRIES.
WE CANNOT ALLOW THEM TO TAKE AWAY WHAT WE BUILT FOR THE INTERNET SO FAR.
So here is what you need to do to drag this article down.
1. Spread the word
I can’t stress this enough. The more attention this gets the more people we can get to take this down.
2. Make your own content
Make your own content on the matter and make sure it is clear to others that Article 13 is bad for every internet user involved.
3. If you live anywhere in Europe, contact your MEPs
Ask them if they approve of the article and why. If they do approve of it, try to convince them in a clear, reasonable, and most sensible way possible that this law is BAD.
The article itself is way to vague about what it’s conveying to its people.
Saying that as long as the use of said internet memes or content is good as long as it’s in “good faith.”
We cannot let some shoddy government tell us what we can and cannot post.
FREE SPEECH IS A HUMAN RIGHT. NOT A PRIVILEGE.
Here’s a video on Article 13 that Film Theory made on the matter. It will explain things better than I can.
OTW Legal has an update on what the September 12th vote on EU copyright legislation–including Article 11 and Article 13–means for fans and for AO3. Learn more, including how you can help, here: https://goo.gl/SB73Wv
The Free Internet belongs to EVERYONE. This legislation WILL affect YOU. Even in the USA. Even in India, South America, and Japan.
Also, I’m in Europe and ngl, had no idea this was even an article up for debate let alone it being fucking passed.
Don’t panic! This was expected at this stage and it is only the beginning. If you are a European and feel passionate about this, please keep on reading and help!
So what has happened so far … the Commission has drafted up a long overdue copyright reform. https://eur-lex.europa.eu/procedure/EN/2016_280 It contains a lot of good, and some bad: mainly Article 11 and 13.
This was put forward as a whole to the European Parlament, where it was voted down on the 5th of July 2018
This meant, this will not go through the fast way, and will be subject to scrutiny and change.
The Commission made some alterations https://eur-lex.europa.eu/procedure/EN/2016_280 and put it forward again. If Parlament would have voted it down again, it probably would have meant back to the drawing board, but most people (including me) agree that Europe does need copyright reform, so on the second vote it passed the first step:
So what happens now?
This will now go into what is called the Trilogue, where Commission, Parlament and representatives of all national governments will sit together to make alterations until everybody is happy implementing the regulation.
This means we can now influence this via our MEPs and our National Government!
In countries that are red your government is likely to support Article 13.
What to do now?
There are a lot of organisations that organise actions against article 13. Check out their websites and get in touch with your MEP or local government and let them know you are unhappy about this.
… and many many more, just google to find one in your country.
Also, as @asthesea-breezehitsmylungs pointed out, a lot of people are not aware of this going on. So make them aware! Share the memes and point them to the petitions. And don’t just complain how shit this is, get in touch with your politicians!
Oh good.
Yo, everyone, EU or not, please at least signal boost this shit. I’ve said it before and I will say it again: those two articles will suck majorly for all of us.
Like dude, how much time do you spend enjoying various things that relate to, Idk, your favourite show or book series. It’ll probs be gone. Funny memes and shit? Nah our generation doesn’t fucking need to laugh, it’s not like half of us are already depressed or anything. And so many other things that are cool about the internet, I’m not even gonna mention how some big, cool places like YouTube and Tumblr will be fucked by this.
So seriously, there’s only so much a small bunch of people can do. We need some noise on this. As much as I hate to admit it, some things require some fat numbres to be paid attention to. So even if you’re not planning on taking any action yourself, the best thing to do would be to spread this to everyone you trust to either get involved or pay it forward like you did.
And seriously, every little thing helps, ok? We should have a say in how the laws that deeply affect us are made.
SIGNAL BOOST
Signal boost again to all EU peeps. Keep pushing your MEPS.
Guys, please reblog and if you’re in the EU, please please contact your MEPs and express your objections to article 11 and article 13 and specifically that you want more protections for user-created content and expression.
Also, whatever happens to Youtube and Tumblr will be nothing in comparison to what regulations like this do to smaller volunteer-run sites like AO3. The real problem here is that it’s yet another step in the networkification of the Internet and making it much harder for anyone who doesn’t have money and lawyers to share their content.
If you’re a longtime reader (first-time caller) of FYeahCopyright, you’ll know that we’re not the alarmist sort. We don’t traffic in rumors, and we look at the cases and the laws (or proposals) that we discuss.
That being said, if you’re a citizen of an EU country, it’s time to get cranky with your representatives, and hope that we can change things around re certain copyright laws that are expected to pass in January when they’re up for a final vote.
Here’s a summary of what will change on the internet if the final vote affirms today’s vote.
In the US, companies have grown in and by hosting user-created content – fanfic, memes, photos, videos, audio clips, VR and so much more – but the EU regulation includes NO exception/carve out/safe harbor for user generated content, or works in the public domain (France, for example, has Moral Rights rules that apply re authors of public domain works). But hey, certain corporations are happy because it creates new rights for sports events, and some new rights for publishers.
There is a carve-out for “non-commercial” entities including “encyclopaedias” – but not databases or other informational resources, nor creative content. The battles will be fought over the definitions – and there could be a separate battle in each country.
The tech doesn’t exist to support whatever it is the EU is trying to do – the same way the tech isn’t there to support certain aspects of the GDPR (like deletion requests without authenticating identity (see Spotify’s issues of this week)). Will all sites have to buy/lease/subscribe to whatever algorithms and filters Google has created? (Will Google create a “free to nonprofits & schools & maybe certain governments” provision like the one they’ve done for Google ads? Should sites share data with Google to be in compliance with the laws of every EU country?)
Even now, algorithmic filters can’t figure out what qualifies as parody (and with each EU country having a different definition…. oy!). Will the filters be used to curtail free speech, or surveil users, or engage in corporate espionage (or any other type)?
Here’s what Cory Doctrow wrote about the impact of this law on all the content we create and share. One bit of it is this:
We’ll fight in Europe’s courts, too: there’s no way that asking multinational corporations to send all of our communications to American data-centres to be analysed by algorithms and arbitrarily censored passes European constitutional muster.We’ll fight in the 28 European parliaments when they sit to make national legislation.
We’ll fight in the upcoming elections.
Hell, even if we’d won tonight’s fight, we’d have to keep fighting.The fight to keep the internet free and open isn’t a fight you win, it’s a fight you commit yourself to.
Here’s what my friends at Public Knowledge have to say:
Web services large and small might decide to implement the directive globally, which would diminish American users’ capacity to share memes, political satire, or news articles online.
Will this Directive apply to all websites?
No, “small” companies and nonprofits with under 50 employees and under 10 million euros on their balance sheets won’t have to be in full compliance on the filters, etc. However, any site that uses a cloud-based service like AWS (Amazon) or Google’s Cloud for storing files could find that usage massively limited because Amazon, Google, etc., are definitely not small companies, which would increase the cost for sites to stay online, get server space, etc.
It’s almost impossible to really calculate the impact on sites like GoodReads, Pinterest, (Lyrics) Genius, etc.
And if you’re wondering what impact Fair Use will have, well, unfortunately, Fair Use – the way we know it in the US, the way it’s used by Fanfiction.net and @wattpad and @ao3org – doesn’t exist in Europe; while the 2001 EU Copyright Directive includes a list of copyright infringement exceptions, a 2015 White Paper recommended that EU countries expand from ‘fair dealing’ to Fair Use and allow flexibility in the interpretation of exceptions and limitations, that flexibility doesn’t currently exist. If it did, some of the problems created by today’s vote would be mitigated.
SO SHOULD WE PANIC NOW?
No. If you’re a citizen (or resident) of an EU country, reach out to your reps. Explain to them how this law will impact you personally; tell your story. Get involved with a national organization that is fighting against this law, and one that’s ready to push back against it in the courts – especially where it can curtail free speech, which is a fundamental right held by all EU residents.
Pushing against this Directive doesn’t mean you support piracy or counterfeiting of creative works like films, books or photographs. It means, though, that you want creativity, science, communications and education to thrive online, just as they have for almost thirty years.
If you don’t know what this means, it’s basically then end of how the internet currently is in Europe. Memes? Nope. Youtubers? Bye!
You’d need a license for everything!!!!
And my fellow Americans my be all like, well, what’s the big deal for us? It’s a Europe deal.
No, because the Youtubers there that you love so much? This effects them too! I’m freaking out because Jack, the person who helps my depression go away, may no longer be able to do what he does!
Guys, we need to stop this somehow. Please.
Call your MEPs. Sign petitions. Protest (Peacefully please. Don’t get hurt).
I’m sorry for tagging you guys if you don’t want to be or already know, I just want as many people to know as possible!
I can’t tag everyone, but if you see this, please reblog it. Spread the news. Sign the petition. Call your MEPs. Do what you can to help stop this from passing in January.
You may have heard about the efforts in Europe to reform copyright law. The debate has been ongoing in the European Parliament for months. If approved next week, these new regulations would require us to automatically filter and block content that you upload without meaningful consideration of your right to free expression.
We respect the copyrights and trademarks of others, and we take all reports seriously to ensure that your creative expression is protected. We make this clear in our Community Guidelines. There’s already a legal framework that works and is fair: Todaywe take down posts and media that contain allegedly infringing content when we receive a valid DMCA (Digital Millennium Copyright Act) takedown request. We also provide clear-cut ways for people to fight back if they believe their removed content was not a true violation. These instances are monitored and reported and live in our biannual transparency report.
The suggestion to use automated filters for issues of copyright is short-sighted at best and harmful at worst. Automated filters are unable to determine whether a use should be considered “fair use” under the law and are unable to determine whether a use is authorized by a license agreement. They are unable to distinguish legitimate parody, satire, or even your own personal pictures that could be matched with similar photographs that have been protected by someone else. We don’t believe that technology should replace human judgment.
Tumblr is and always has been a place for creative expression, and these new regulations would only make it harder for you to express yourself with the freedom and clarity you do so now.
If you access Tumblr from Europe and want to act, you can find more information on saveyourinternet.eu.
Queer Fiction Writer 