Will the UK Get Affected by Article 13 of the Copyright Directive and How Does It Impact the US?

The adoption and implementation of Article 13 of the Copyright Directive have far-reaching implications for content platforms and institutions within the EU and beyond. As this directive applies to any material shown within the EU, it effectively influences the practices and regulations of any company or service that supplies content within the region. Consequently, material that may be legal in the US could become illegal under EU standards, leading to significant challenges regarding copyright protection and enforcement.

Global Reach of Article 13

Article 13 will apply to all materials shown in the EU, thus impacting not only EU-based content creators and platforms but also any entities operating within or supplying content to the region. This means that even a still from a Disney film, which might be legal in the US, could be considered illegal under the EU's copyright framework. There can be situations where discerning the legality can be extremely challenging. For instance, if you take a picture at an event with professional photographers present, and one of those photographers' images gets published in a daily newspaper, it becomes difficult to determine whether another similar picture posted online is legal or illegal.

UK's Commitment and Implementation of Article 13

The UK government has consistently supported the progress of Article 13. Consequently, it is highly likely that the UK will implement similar regulations to protect copyright holders, both within and outside the EU. This is in line with the EU's objectives to harmonize copyright laws across member states and ensure a consistent and robust framework for intellectual property protection.

If the UK were to leave the EU, it would still be affected by Article 13 for a period of time. The implementation of the directive will occur long before the March 29, 2019, deadline, meaning that the UK would need to comply regardless of its future relationship with the EU.

Impact on the US

The US will also be affected by Article 13, as any material viewable in the EU will fall under the jurisdiction of these new regulations, whether hosted in the EU or elsewhere. This affects US companies that operate globally, as they will need to decide whether to limit their platforms' accessibility in the EU or to modify their practices to comply with the new copyright rules.

One of the most prominent impacts on the US will be the potential loss of content on platforms like YouTube. Many US-based content creators host their videos on YouTube, which has often been a repository of British and European videos. However, due to the strict enforcement of Article 13, these videos could be blocked in the EU, leading to a significant portion of content being inaccessible to EU viewers.

Challenges and Considerations

The implementation of Article 13 presents several challenges, particularly for content creators and platforms that rely on user-generated content. Content that might be legal in one jurisdiction could potentially be illegal in another, leading to confusion and enforcement issues. This necessitates a careful and nuanced approach to compliance, as well as robust systems for identifying and filtering copyrighted material.

Conclusion

In conclusion, the impact of Article 13 on the UK and the US cannot be overstated. The UK will need to adapt its copyright laws to align with the directive, while the US will need to determine how to address the potential restrictions on content. As the EU continues to solidify its stance on IP protection, it is essential for both countries to understand and prepare for the changes that are to come.