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February 25, 2019 04:10 am PST

Artists against Article 13: when Big Tech and Big Content make a meal of creators, it doesn't matter who gets the bigger piece

Article 13 is the on-again/off-again controversial proposal to make virtually every online community, service, and platform legally liable for any infringing material posted by their users, even very briefly, even if there was no conceivable way for the online service provider to know that a copyright infringement had taken place.

This will require unimaginable sums of money to even attempt, and the attempt will fail. The outcome of Article 13 will be a radical contraction of alternatives to the U.S. Big Tech platforms and the giant media conglomerates. That means that media companies will be able to pay creators less for their work, because creators will have no alternative to the multinational entertainment giants.

Throwing Creators Under the Bus

The media companies lured creators' groups into supporting Article 13 by arguing that media companies and the creators they distribute have the same interests. But in the endgame of Article 13, the media companies threw their creator colleagues under the bus, calling for the deletion of clauses that protect artists' rights to fair compensation from media companies, prompting entirely justifiable howls of outrage from those betrayed artists' rights groups.

But the reality is that Article 13 was always going to be bad for creators. At best, all Article 13 could hope for was to move a few euros from Big Tech's balance-sheet to Big Content's balance-sheet (and that would likely be a temporary situation). Because Article 13 would reduce the options for creators by crushing independent media and tech companies, any windfalls that media companies made would go to their executives and shareholders, not to the artists who would have no alternative but to suck it up and take what they're offered. Read the rest


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