I’ve seen a few ppl reblog panicked posts about Article 13. So.

pixelhart:

Hey hey hey hey hey. Calm down! Yes, it was approved. No, I don’t think it’s a good thing. But there’s some misinformation spreading, so here are a few things, specifically about Article 13:

1) Fair Use is still a thing. None of the things ppl are saying will become illegal will become illegal.

2.) What the law would mean is that the RESPONSIBILITY for posting material that is in violation of copyright goes from the users to the platforms. That means that if someone reposted my drawing on let’s say Instagram, I could sue Instagram for letting that happen.

3.) This would mean that platforms will have to implement something similar to what Youtube and Twitch are already doing; an algorithm to block/catch copyrighted content.

4) BUT because Fair Use is still a thing, those algorithms will have to be paired with an appeal system, like the one on YT. Because the algorithms will probably be bad at catching content that isn’t in violation of copyright law, such as parodies etc.

5) Now, as we’ve seen on Youtube, the algorithms are not good at this fair use thing, and stuff like reviews become targeted by them all the time. This is why I think the law is ultimately going to be doing more harm than good.

6) NOTHING IS BECOMING ILLEGAL IN TERMS OF CONTENT. PLATFORMS IGNORING COPYRIGHT VIOLATION IS.

7) If companies give their consent to using, for example, their games in let’s plays etc., it’s still perfectly legal to post those (just like before). Most game companies, like EA has given blanket permission to post about their games online. This includes let’s plays. (Nintendo is like the only one that hasn’t, and only approved creators may post for example Zelda let’s plays, that’s been a thing on YT for ages)

8) Again, TRANSFORMATIVE WORKS ARE PROTECTED. You can still post those. There’s just probably going to be some extra steps in doing that, because algorithms suck. Like having to make an appeal if your content is transformative etc. this includes memes (if you aren’t just reposting), simblrs, fan art, fanfiction, parodies, reviews, etc.

9) How this will be handled will ultimately be up to the various platforms. They will choose the option that saves them most money. They don’t want to risk getting sued, so they’ll probably implement an algorithm to catch illegal content. WORST CASE scenario (which is unlikely) is that some platforms decide they don’t want to deal with this law and blocks their services from ppl in the EU. It’s possible, but probably won’t save them money in the long run. So. Algorithms.

THIS WILL NOT AFFECT NON PROFIT SITES (Wikipedia etc.), OPEN SOURCE SITES (Github etc.), NON PROFIT EDUCATIONAL REPOSITORIES, AND CLOUD SERVICES.

ALSO ARTICLE 11 DOES NOT CONCERN INDIVIDUALS. It would mean that news sources would be able to collect licensing fees from social media platforms that allow links from news sources, IF THE LINK INCLUDES A PREVIEW (like most sites include now) OR THE TITLE OF THE ARTICLE ETC. The law does not mean that individuals have to pay news sources to post links.

Again, it’s not a good idea in my opinion, but we’re not disappearing and Fair Use is still a thing. Simblr isn’t illegal. We’re okay.