EU governments will press ahead with Article 13 based on the deal struck by France and Germany, despite calls by music labels and other content groups for it to be scrapped. Meanwhile, representatives for artists are hitting back at their paymasters for "disregarding" their interests.
As the saga over the EU’s controversial Article 13 continues, new fronts of agreement and countering disapproval are appearing all the time. As reported last week, a deal agreed between Germany and France emerged as a potential way forward for the legislation. The skeleton of the agreement requires Internet platforms to license content from copyright holders. If that is not possible, they should ensure that infringing content is taken down and not re-uploaded to their services. Previously, the size and nature of the platforms to be affected remained unclear, but the deal laid down clarified that platforms over three years old with more than five million visitors, with a turnover of more than 10 million euros would be subject to the legislation. Those under these thresholds would be excluded but still required to obtain content licenses. Re-upload prevention would not be required, however. On Friday and despite opposition from Italy, Poland, the Netherlands, Sweden, Finland, Luxembourg, Malta and Slovakia, the governments of the EU agreed that they will move forward on the basis of this France – Germany deal.
Pirate MEP Julia Reda described the deal as “the worst version of Article 13 yet”, sentiments that appear to be broadly shared by the very people who have pushed hardest for the legislation – major music labels, broadcasters, and other content owners. Also on Friday, IFPI and several other major organizations called for Article 13 to be scrapped entirely, an indication that almost no-one wants what Article 13 has become – despite the EU now pushing ahead. That being said, another new front appears to have opened in what is becoming an increasingly confused confrontation. All along, labels, content owners, broadcasters and distributors have claimed that Article 13 is desperately needed to protect artists and other creative talent from piracy of their content. One might presume, therefore, that artists would be singing along with them in objection of Article 13, but that is simply not the case. In an open letter, the UK Council of Music Makers – comprising the British Academy of Songwriters , Composers & Authors (BASCA), Featured Artists Coalition (FAC), Music Managers Forum (MMF), Music Producers Guild (MPG) and the Musicians’ Union (MU) – are now calling on the EU to go ahead with Article 13, against the wishes of the labels.