The ‘trilogue’ discussions between the European Commission, European Council and European Parliament about the proposed new copyright directive in Europe continue, including the Article 13 clause focusing on internet platforms’ liability for copyrighted content.

A new ‘non-paper to facilitate discussions’ has been published shedding light on some of the ways Article 13 might be evolving under the trilogue process, including the suggestion that “rightholders should be allowed to request that unauthorised content is expeditiously removed and that best efforts are made to ensure that it stays down”. Such ‘notice and stay-down’ features have long been a goal for rightsholders (albeit more often heard in connection with links to pirated content on Google), but its introduction here is already causing a stir. Tech site Techdirt, no fan of Article 13 to say the least, has already criticised the non-paper:

“There’s something really big hidden in here. A ‘notice and stay down’ requirement. That was not what was being pushed before,” wrote Techdirt’s Mike Masnick, claiming that such a system will directly contradict the legislators’ ambitions for content “covered by exceptions” to be allowed to stay online.

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