第13條款將定案且將改變音樂產業

  • 流覽次數:: 231
  • 分類: 產業區
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  • 作者: 音樂地圖
    • 201903/1208:08

    ◎歐盟談判代表已就數位單一市場中新的版權指令的最終文本達成一致,包括有爭議的第13條款的用語。該文本的最終定稿是歐洲議會批准該指令的最後障礙之一,並預示了在歐盟成員國投票通過以法國和德國之間的協議作為協定的基礎後,將展開談判的最後階段。

    ◎如果獲得批准,第13條款將「以新的、有條件的免責條款」取代純粹的「免受侵犯版權的線上內容共享服務提供商」的管道。雖然該協定的最終用語尚未公佈,但第13條款先前的版本試圖迫使像YouTube和Facebook等內容平台對受版權保護的信息負責,並創建一個過濾器用於檢測和阻止上傳受版權保護的信息。該措施在音樂產業中產生了分歧,一些組織像德國版權收集協會GEMA和英國的音樂製造商協會等支持該措施是對過時的版權制度進行急需的改革,這些過時制度使YouTube等公司靠著受版權保護的作品獲利;其他組織如IFPI、ICMP和IMPALA則認為這有可能會扼殺創意領域並警告稱該措施的後果尚未得到充分考慮。正如一些評論所指出的,條款提議的版權過濾器對目前普遍接受的版權材料使用例如引用或模仿是相悖的;評論也指出現有的版權過濾器如YouTube的ContentID系統擁有惡名昭彰的不良追蹤記錄。

    ◎最終的法規文本將由完整的歐洲議會審議,並在5月舉行理事會議。如果議會批准該指令,歐盟成員國將有24個月的時間將新規則納入其國家立法中。

    詳細全文:

    EU negotiators have agreed on the final text of the new sweeping Copyright Directive in the Digital Single Market, including language on the contentious Article 13 clause.

    The finalization of the text was one of the last roadblocks to the approval of the directive by the European Parliament and presaged the commencement of the final stages of negotiation after EU member states voted to use a deal between France and Germany as the basis of the agreement.

    Article 13, if approved, would replace the mere conduit" exemption from copyright infringement from for-profit "online content sharing service providers" with a new, conditional exemption to liability.

    While the final language of the agreement has not been announced, previous iterations of Article 13 would attempt to force content platforms such as YouTube and Facebook to be liable for copyrighted information and to create a filter that would detect and block the upload of copyrighted information.

    The measure has created a split in the music business, with some organizations such as German collection society GEMA and the UK's Council of Music Makers supporting the measure as a much-needed reform of an antiquated copyright system that allows companies such as YouTube to profit off of copyrighted works.

    Other groups, such as the IFPI, ICMP, and IMPALA see the potential for the stifling of the creative sector and warn that the ramifications of the measure have not been fully considered.

    As some critics have noted, the proposed copyright filters fly in the face of commonly accepted uses of copyrighted material, such as quotation or parody. They also point to the notoriously bad track record of existing copyright filters such as YouTube's ContentID system.

    The finalized text of the rules will be next considered by the full European Parliament, with councils held in May. If the Parliament approves the Directive, the EU's member states will have 24 months to adopt the new rules into their national legislation.

    "To finally have modern copyright rules for the whole of EU is a major achievement that was long overdue," European Commission VP for the digital single market Andrus Ansip said in a statement released Wednesday. "The negotiations were difficult, but what counts in the end is that we have a fair and balanced result that is fit for a digital Europe: the freedoms and rights enjoyed by internet users today will be enhanced, our creators will be better remunerated for their work, and the internet economy will have clearer rules for operating and thriving."

     

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