The European Parliament has voted against a proposed new copyright law which was heavily supported by the music industry – and which could have closed the so-called ‘value gap’ affecting payouts to musicians from YouTube.
The EU Copyright Directive, which contained the much-debated provision Article 13, was rejected by 318 votes to 278 in the Parliament today (July 5), with 31 abstentions.
The proposed copyright reforms within the Directive aren’t dead, however: they will now be debated again in September, giving politicians more time to discuss and refine the bill.
After the vote, rapporteur and MEP Axel Voss said: “I regret that a majority of MEPs did not support the position which I and the Legal Affairs Committee have been advocating.
“We will now return to the matter in September for further consideration and attempt to address peoples’ concerns whilst bringing our copyright rules up to date with the modern digital environment.”
axel voss, MEP
“But this is part of the democratic process. We will now return to the matter in September for further consideration and attempt to address peoples’ concerns whilst bringing our copyright rules up to date with the modern digital environment.”
Whether Article 13 will make it into those discussions – or if it will be jettisoned along the way – remains to be seen.
Article 13 would prospectively force the likes of YouTube to be held legally accountable for all copyright-infringing material appearing on their platforms, challenging the ‘safe harbor’ protections these services currently enjoy in the EU.
Article 13’s opponents, supported by strong lobbying efforts by Google and the wider tech industry, argue that the provision will threaten the ability of people to create online memes, amongst other user-generated content.
This assertion has been dismissed as “bogus” by music industry representatives.
A letter signed by 70 technology leaders, including world wide web founder Tim Berners-Lee and Wikipedia co-founder Jimmy Wales, warned that Article 13 “takes an unprecedented step towards the transformation of the Internet, from an open platform for sharing and innovation, into a tool for the automated surveillance and control of its users.”
Ahead of today’s crucial vote, the IFPI released a letter to Members of the European Parliament from Sir Paul McCartney which urged MEPs to “uphold the mandate on Copyright and Article 13”.
Meanwhile, UK Music accused Google of pulling the strings behind a €31 million lobbying operation directed at the European Union on issues including the digital single market, copyright and licensing.
Today, there’s a mixed response of optimism and disappointment from the music business on the vote.
Jean Michel Jarre, President of CISAC, said: “Today is a great disappointment for millions of creators who have campaigned for years for the right to fair treatment and fair payment from giant internet platforms.
“It is incredibly disappointing that, having been ferociously lobbied by opponents using false arguments, the European Parliament has stopped short of supporting the fair rights of creators.”
jean michel jarre, cisac
“It is incredibly disappointing that, having been ferociously lobbied by opponents using false arguments, the European Parliament has stopped short of supporting the fair rights of creators.
“Our fight will go on, for the future of our culture and for a fair, modern well-regulated Internet.”
CISAC Director General Gadi Oron said: “Today’s vote is a missed opportunity to fix one of the biggest problems in today’s digital market.
“It leaves an unfair situation in which the value of creative works , instead of benefitting their creators, is being used to enrich global technology platforms.
“CISAC will continue to campaign worldwide for a fair digital market for our members.”
UK Music CEO Michael Dugher said: “This is a sad day for everyone involved in the creativity that is behind Britain’s world-leading music.
“It is desperately disappointing that a small majority of MEPs have backed Google’s shabby multi-million euro campaign of fake news and misinformation against creators.”
michael dugher, uk music
“It is desperately disappointing that a small majority of MEPs have backed Google’s shabby multi-million euro campaign of fake news and misinformation against creators.
“Frankly, in some cases MEPs were naive. In others cases, they have chosen to wilfully disregard the plight of creators.
“These proposals would make a real difference to our creators, to those that invest in them and to all of us who value our culture.
“Google’s YouTube is the world’s most popular music platform, yet it deliberately chooses to return a pittance to those whose creativity it has built its multi-billion pound business model on.
“Google remain the vultures that feed off music creators. The fact remains that this must end.
“We sincerely thank the 278 MEPs who backed reform and look forward to engaging positively with all MEPs on the opportunities to develop the Directive further.
“We may have lost this particular round, but the fight to ensure fairness for music creators goes on.”
PRS for Music’s Chief Executive Robert Ashcroft said: “It is perhaps unsurprising considering the unprecedented level of lobbying and the comprehensive campaign of misinformation which has accompanied this vote that MEPs want more time to consider the proposals.
“The vote showed that many MEPs across the various European political parties understand the importance of fixing the transfer of value and of a well-functioning market for copyright.”
robert ashcroft, prs for music
“The vote showed that many MEPs across the various European political parties understand the importance of fixing the transfer of value and of a well-functioning market for copyright.
“We appreciate their support and hope that as we move forward to the Plenary debate in September, more MEPs will recognise the unique opportunity to secure the EU’s creative industries.
“From the outset our primary focus of this legislation has been concerned with whether or not the internet functions as a fair and efficient marketplace – and currently, for artists and authors, it doesn’t.
“They want their creative works to be heard, they embrace technology, but they want to be paid fairly. We will continue to fight for what we believe is their freedom and a fair use of their creative works.”
IMPALA’s Executive Chair Helen Smith commented: “We are confident that in September the Parliament will reach a conclusion and secure a fair and sustainable internet.
“We are confident that in September the Parliament will reach a conclusion and secure a fair and sustainable internet.”
helen smith, impala
“Platforms facilitate a unique relationship between artists and fans, and copyright reform should help rebalance the licensing framework around this.
“Copyright aside, the hijacking of the process raises fundamental questions about how incumbent platforms and supposedly objective operators abuse their position.
“It underlines the need for greater transparency and scrutiny, especially with actors who have huge potential to influence public opinion and are not shy about using it.”
“We will work with MEPs over the next weeks to explain how the proposed Directive will benefit not just European creativity, but also internet users and the technology sector.”
geoff taylor, bpi
Geoff Taylor, Chief Executive BPI & BRIT Awards, said: “We respect the decision by MEPs to have a plenary discussion on the draft Copyright Directive.
“We will work with MEPs over the next weeks to explain how the proposed Directive will benefit not just European creativity, but also internet users and the technology sector.”
David El Sayegh, Secretary General of SACEM, said: “This vote is a set-back but it is not the end. SACEM remains dedicated to ensuring that creators are recognised and remunerated for the value of their work.
“We will not be discouraged by today’s decision and will continue to mobilise the support of musicians and music lovers across the world, in the hopes of reaching a fair agreement with these platforms that will safeguard the future of the music industry.”
David El Sayegh, SACEM
“We will not be discouraged by today’s decision and will continue to mobilise the support of musicians and music lovers across the world, in the hopes of reaching a fair agreement with these platforms that will safeguard the future of the music industry.
“We are confident that the European Parliament will eventually support a framework that fully acknowledges the rights of creators in the digital landscape of the 21st century.”
Music Business Worldwide
