Article 13: EU Copyright Nonsense

There are no images in this post, since that might cause an Article 13 Copyright Violation and prevent my readers in the EU from being able to see this. [Satire Intended]

In case you missed it, here is an article that summarizes Article 13. I will not quote any of the article here, since that might awaken the Copyright Dragon.

Under Article 13, the hosting service – WordPress, Youtube, Facebook, you know. Those guys? will be held libel, with big fines, for hosting any content that infringes on anybody’s copyright. So this is the “Old Guard” media companies – Movie studios, Record Labels, Newspapers, etc etc. You know who they are too. – trying to protect their last vestiges of “rights” from the Old World.

These “Old Guard” have, as Old Guards always do, missed the point of the New World. The new world is about “Exposure that Captures the Hearts and Minds”. Let me give you some examples.

The Disney Story

Have you noticed that during the last few decades, Disney properties are less and less apparent in the Modern Media? Any guess why this is true? I’m guessing it is because Disney has been relentless in defending Copyright? Make a fan video using a Disney Property for Youtube – Get a Take Down Notice. Do anything but the blandest and most niche video of a Cover for a Frozen Song – get a Take Down Notice. So, what Disney gets is Less and Less exposure. Sure you can review a Disney Movie – And they now own all the Super Heroes don’t they? That’s another Carve Out. But no clips longer than 20 seconds or whatever it is, or Take Down.

So Disney is right up there with all the other Movie Studios in Defending Copyright to the last bit and partial image, and what have they gotten for it? Less exposure on Youtube and everywhere else. What is Youtube, but Free Exposure aka Free Advertising.

I’m not suggesting that folks that would post an entire recent movie to youtube should not get a take-down. But it needs to be the whole freaking movie. Not a clip of a few minutes. Or a slice-dice fan movie. Walt is long dead, but Mickey Mouse is still under Copyright.

Compare this with the Folks That Get It.

Video Game Companies Have a Different Take

Video Game Companies are part of the New Guard. Here are a few examples:

When was the last time you saw a Disney “Fanfest” where folks were encouraged to break copyright by dressing up as their favorite Disney Character. When was there hours of video posted to Youtube of such a Fanfest with all the Cosplayers?

No? Now name a major video game franchise where this has not occurred? Blizzard? Final Fantasy? You Name It.

Ok. A google search did turn up Superhero Cosplay costumes for sale. Licensed I’m sure. But I’ve not seen many Youtubers showing how to make those costumes. They spend all their time showing how to make costumes from Video Games? Is this because the Major Movie Studios do Copyright Take-Down on folks making Superhero costumes from Movies rather than encouraging it? Or are Super Heroes just way less popular than Video Game Characters? I wonder why that is?

When was the last time you saw twitch folks doing streams about Superhero movies or Cartoons from Disney? Or Fan Movies with those characters? The last will get you an instant take-down. When was it that you DIDN’T hear of a Twitch stream about a popular video game? And see a Fan Movie about a video game – taken with footage in that game. You can slice and dice game footage from a video game into a fan movie, but you can’t slide/dice Frozen or do clay-mation stop-motion of Frozen Characters without getting a take-down.

Another Response to Article 13

I suggest that Google / Youtube do another response to Article 13. A simple change to Youtube that prevents all violations of Article 13. I suggest that Youtube do the following:

“We are sorry. There are not enough peta-flops on the planet to comply with Article 13. Besides, it’s counter to our philosophy to make our systems more energy efficient to ease Global Climate Change. So, from now on, Youtube is Dark wherever Article 13, or any law like it, is in effect. Folks in those areas may upload content, and watch it themselves to assure that it has reached Youtube. But no one else in an Article 13 like country can see it. The rest of the planet can see it just fine. We regret to have to take this response, but we feel that it is the only viable response to this situation. Thanks for using Youtube. We look forward to a saner future with reasonable Copyright Law.”

What Do We Do?

My understanding of Article 13 is that there are no “Carve Outs” for reviews, commentary or any of the other “Fair Use” practices that we know here in the USA. I don’t know the details of the situation around streaming or posting footage of video games. And I don’t know about who is in charge of starting the “Take Down” notice under Article 13. In the past it was up to the copyright holder to issue Take Down to Youtube and there was an appeal process. Of course video game companies, in their own best interest, never issued these. But can “Take Down” be alerted by anyone under Article 13? Can Trolls cause grief for anyone by alerting “Take Down” on anything?

Some creators on Youtube have commented that they assume that they will need to provide legal documentation proving that they have rights to all of their “Content” – images and clips and sounds – or their videos will just go dark in the Article 13 areas. That documentation would typically be at least as much work as doing the video, and if you have a hundred or so videos on your channel, you might stop for a year to go back and do all that documentation.

I guess we will find out. I’m guessing that this Article 13 thing will last only as long as it takes for Old Guard Media companies to see that Article 13 is destroying their bottom line. It’s all really about greed isn’t it. And the ability for the EU legal machinery to be purchased by these big media companies. No wonder the whole Brexit thing happened.

I want to know who these big media companies are so I can avoid viewing any of their products or listening to any of their songs. I pretty much boycott the entire “Old Guard” now, but I want to make it my mission in life now to avoid them.