We reported last week on the latest developments in the ‘trilogue’ process around the new European Copyright Directive – and fears by rightsholders that it might water down the Article 13 section on liability of online platforms where users can upload content. Those fears will only be enhanced by the latest claims emerging from the process.

MEP Julia Reda, one of the most prominent critics of Article 13 (and another section of the proposed legislation, Article 11) claimed that the 11 countries voted against the latest draft text for the legislation.

“With the exception of Portugal and Croatia, all of these governments are known for thinking that either Article 11 or Article 13, respectively, are insufficiently protective of users’ rights,” she wrote. “This surprising turn of events does not mean the end of Link Tax or censorship machines, but it does make an adoption of the copyright directive before the European elections in May less likely.” Reda described this impasse as a “brick wall” for the directive, although rightsholders will be hoping she is wrong.

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