AALL Spectrum

AALL Spectrum / November/December 2019 / Volume 24, No. 2

AALL Spectrum / Published by American Association of Law Libraries

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36 AALL SPECTRUM | WWW.AALLNET.ORG TIMELINE: PROPOSAL, APPROVAL, AND IMPLEMENTATION 3 September 2016: Legislative pro- posals aimed at modernizing the EU copyright framework presented to the Commission 3 February 2019: Council of the European Union, European Parliament, and European Commission agreed to the new directive 3 March 2019: European Parliament voted to approve final text of the directive 3 April 2019: Council of the European Union endorsed the directive 3 May 2019: Directive published in Official Journal of the European Union 3 June 2021: Deadline by which EU member states are required to transpose the directive into their national laws How Does the Copyright Directive Adversely Affect Libraries? Two controversial provisions—opposed by libraries, internet users, and online companies—made it into the final text of the directive: Restricted Access to News Article 15 (formerly Article 11) permits publishers to charge news aggrega- tors for using news articles for up to two years. The provision is intended to encourage news aggregators and media monitoring sites to enter into licensing arrangements with copyright owners. If companies such as Google (with its Google News app) do not enter into licensing agreements with publishers, they will need to reduce the amount of content displayed in search results, which will hinder the ability of internet users to efficiently and freely gather news. Substantive text snippets and pre- view images provide necessary context to assist internet users with quickly identifying whether certain articles are relevant and worth taking a closer look. Although Article 15 does still allow for "the use of individual words or very short extracts of a press pub- lication," the provision does not offer any guidance on the length of snippets permitted. Law librarians are frequently asked to conduct news searches on recent developments and find news articles about certain topics or issues. Right now, librarians can rely on Google News to quickly skim through head- lines, preview images, and read snippets to identify relevant articles. Once this directive is implemented, librarians likely will need to rely on subscription databases that license content from the publishers instead. Examples include Access World News, Factiva, and Lexis News. But many subscription databases do not add content in real time, whereas Google News currently provides access to content pulled from a wide range of news sources within the past hour, or even the past few minutes. Article 15 will impede our ability to share breaking news and informa- tion and reduce the usefulness of free sources for gathering news. Encroachment on Fair Use Article 17 (formerly Article 13) imposes liability on service providers for dis- tributing copyright-infringing content uploaded to their platforms by users. The directive requires online platforms such as YouTube to obtain authori- zation from rights holders prior to uploading works protected by copyright; otherwise they risk liability for copyright infringement. Where no authorization has been obtained, online platforms will be held liable for distributing copy- righted works to the public unless they can show that they "made best efforts to obtain an authori[z]ation" and "acted expeditiously" to take down the con- tent upon being notified of copyright violations. In the United States, the Digital Millennium Copyright Act (DCMA) requires online hosts to remove copy- right-infringing content upon receiving a DMCA takedown request to avoid Article 17 (formerly Article 13) imposes liability on service providers for distributing copyright-infringing content uploaded to their platforms by users. The directive requires online platforms such as YouTube to obtain authorization from rights holders prior to uploading works protected by copyright; otherwise they risk liability for copyright infringement. ADVOCACY

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