UK's Post-Brexit EU Copyright Directive Alignment Unclear, Businesses Prepare for Article 17
The UK's alignment with the EU Copyright Directive post-Brexit remains uncertain, but it may still adopt Article 13 to avoid trade impacts. This article explores the potential implications and preparations for businesses.
Article 13, now Article 17, requires online platforms to ensure user-uploaded content does not infringe copyright. This could disproportionately affect smaller businesses due to resource demands for reimbursing holders or developing filters. To mitigate risks, companies should obtain pre-emptive licenses, demonstrate 'best efforts' to obtain permission, and swiftly remove infringing material.
Platforms like YouTube, SoundCloud, and Facebook will be mainly affected. They must now remove copyright-infringing content and could be held accountable if users upload such material. Businesses have two years to adapt, with Wynne-Jones IP and CJCH Consulting offering guidance on copyright infringement and anti-piracy strategies. Proportionate content recognition technologies or automated filters can aid in finding and eliminating infringing content.
Article 13 aims to safeguard online content sharing rights but could hinder creativity. Businesses must prepare for its implications, with the European Council having adopted the directive into EU law. The UK's uncertain alignment may impact trade negotiations post-Brexit.
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