US tech-industry body the Computer & Communications Industry Association (CCIA) counts Amazon, Facebook, Google and Pandora among its members. It’s also, perhaps not entirely surprisingly, not a fan of the European Copyright Directive.
The body has submitted its views on “onerous intellectual property-related regulations, aimed at US Internet companies” to the US Trade Representative, including a section on Europe’s new copyright legislation, and its Article 17 (formerly Article 13) on the liabilities of user-uploaded content platforms.
“These rules could place unreasonable and technically impractical obligations on a wide range of service providers, resulting in a loss of market access by US firms,” reckons the CCIA, taking aim at the obligations on these companies to filter for copyrighted content in particular. “This upends longstanding global norms on intermediary liability… EU officials are claiming that the new requirements would not affect lawful user activity such as sharing memes, alluding to the exceptions and limitations on quotation, criticism, review, and parody outlined in the text.”
However, the CCIA lambasts this as “disingenuous” and adds, “Because algorithms used to monitor content on platforms cannot contextualize to determine whether the content was lawfully uploaded under one of the exceptions listed, the law requires platforms to err on the side of removing content.”