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More concerns over the Copyright Directive: Germany questions Council Legal Service on Article 13
19.9.17
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The mandatory introduction of automated filters to detect copyright infringements online, as proposed by Article 13 of the EU's Copyright Directive, continues to raise legal concerns. Dubbed the "censorship machine" by the European Digital Rights Intiative, the proposed filters have long been opposd by civil society groups, academics and legal experts, and they were questioned two weeks ago by a group of Member States in a note published by Statewatch. Now the German authorities have submitted their own set of questions on Article 13 to the Council's Legal Service.

The German note asks the Council's Legal Service for its opinion on the compatibility of the proposed Article 13 with other EU law (such as "the prohibition of a general obligation to monitor as stipulated by Article 15 of the Directive on electronic commerce 2000/31/EC"), as well as a number of other issues such as how "authors and performers obtain a reasonable share of the income resulting from the online use of the content they have created" and whether "Article 13 of the draft [would] also be applicable to providers who do not have a branch in the Union, but who are pursuing their activities within the Union (such as YouTube)."

See: Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market - Questions by the German delegation to the Council Legal Service regarding Article 13 (12291/17, LIMITE, 18 September 2017, pdf)

And: Copyright Directive: six Member States question legality of proposals for automated upload filtering (Statewatch News Online, 5 September 2017)

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