The Federal Cabinet today approved a draft Copyright Act that will implement the latest EU copyright directives into German law. The implementation deadline ends in June 2021.
Susanne Dehmel, member of the Bitkom management, explains:
"The major copyright reform is disappointing in many areas. The original aim of hong kong gambling data creating modern copyright law for the digital single market has been clearly missed. Even if the federal government does not want to call it that, upload filters are to come. The Copyright Service Provider Act will impose a general obligation on operators of certain online platforms to monitor their services for the first time; all user content must therefore be scanned automatically. That alone is a major setback for the free Internet . The individual requirements for monitoring, blocking and moderating user complaints are simply not technically feasible. The platforms affected are faced with a task that is almost impossible to solve. The new remuneration rules for authors and rights holders also break with previously tried and tested models. The law is a disservice to creative people. It is highly likely that they will generate less licensing income in total in the future than under the old rules.
The reform also creates a new bureaucratic monster with the so-called right to information for authors. In a film project, for example, all authors who have contributed to the film would have to be informed annually about the use of the film. Depending on the project, this could affect several thousand authors. The costs and benefits of this obligation to provide information are disproportionate.
The implementation of the so-called Online Satellite TV Directive included in the reform was intended to clear the way for modern television use. However, the adopted draft fails to meet this requirement. Due to many deficiencies in the draft law, the current situation will not be improved. And when it comes to ancillary copyright for press publishers, the draft only implements the EU directive word for word. For start-ups and developers in the media environment, the legal situation will therefore remain unclear for years to come. The final word here will lie with the European Court of Justice. The only thing to be welcomed about the implementation of the copyright reform are the regulations on so-called text and data mining. In addition to science and research, the economy is also exempt from prior permission from a rights holder. The EU is thus creating legal certainty and paving the way for innovations in the field of artificial intelligence."
Bitkom criticizes cabinet decision on copyright
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