The European Parliament approved on 26 March the wording of the European Copyright Directive in the digital single market.
The directive, which aims to discipline the dissemination of content on the Internet and the remuneration of its creators in the European Union space, has generated great controversy.
Tension has been laying particularly among those who advocate the need for a more equitable distribution of the revenues generated by the use of content, and those who fear that regulation would have a "censure" effect on its sharing and circulation.
The now approved version allows content sharing platforms to be held accountable for the materials made available by users, and also clarifies that the reproduction of news content by "aggregators" of online newsagents should be subject to prior authorisation.
However, uses of content that do not have a business purpose may be excluded from the scope of the directive. Similarly, start-up companies (less than 3 years old and with an annual turnover of less than 10 million euros) that have as their object the sharing of content will have fewer obligations and responsibilities with regard to the content uploaded by their users.
The text now voted will still be subject to validation by the Member States over the next few weeks, and if it is confirmed, as expected, it will then be adopted as final and must then be transposed into the internal systems within a two-year timeframe.
GPA has been following the vicissitudes of this important legislative process and will be giving note of its relevant milestones. For more developed information contact Anselmo Costa Freitas – anselmo.costa.freitas@gpasa.pt.