As stated in part 1 of this article, the UK’s withdrawal from the EU means the EU Copyright Directive will not be implemented into our legislation. Therefore, UK platforms need not fear when it comes to the exercise of Articles 11 and 13. However, if you hold a platform that operates in the EU, this information will provide you with knowledge as to how you should comply.
The Articles will come into force in June 2021 and have been approved as part of a directive rather than a regulation. This simply means that EU member states are not specifically required to follow the exact wording of the articles, in comparison to a regulation. Further, this will allow for flexibility when adopting the Articles into domestic legislation. Although the law is not enforceable yet, it is definitely a good idea for website owners, who may be affected by this, to prepare and ensure their content is compliant.
The Directive is set to apply to all websites apart from the following:
– A start-up that has been active for less than three years.
– A website with annual turnover under 10 million.
– A website with less that 5 million monthly unique visitors.
The punishment for breaching the set rules is still unknown. There is also the possible need for incorporation of upload filters, however, YouTube has already stated that if they become mandatory, they will cease to enable any uploads from the EU.
If you have any queries regarding the above article or would require assistance with an alternative matter, please do not hesitate to get in touch with a member of our expert team today.
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