OTW Legal has been busy working on three advocacy projects around the world--in Canada, Australia, and the European Union. We want to thank you for your help in Canada, and let you know what’s happening and what you can do to help in Australia and the European Union.
Thanks to the many amazing stories we received from Canadian fans, we submitted a comment to the Canadian Parliament’s copyright law review about the power and benefit of laws that allow and promote transformative works. You can find our submission here.
Now we’re working on a submission for Australia! The Australian government is evaluating Australian copyright law and is considering expanding fair dealing provisions or adopting a fair use standard. OTW Legal is writing in support of these changes and would love your help. If you’re Australian and have expressed yourself, gained skills, been part of creative communities, or otherwise experienced the benefits of being able to create transformative works that would benefit from flexibility in Australian copyright law, we’d love to hear your stories. Please send them by June 25 by using our contact form. (Feel free to use a pseudonym if you don't want us to share your personally identifying information.)
OTW Legal and our allies have been active in fighting on fan-unfriendly legal proposals in the EU. Since these proposals were introduced in 2016, OTW Legal has submitted comments opposing them and has joined in calls for action against them. We’ve managed to hold them off so far and encourage some revisions, but a key vote will be happening in the European Parliament’s JURI committee on 20/21 June that could have a significant impact on the Internet and fan sites. In particular, two provisions of the current proposal would be bad for fans. Article 11 would impose a "link tax" that would make it more expensive for many websites to operate, and Article 13 would impose mandatory content-filtering requirements on websites that host user-generated content. These provisions have been hotly debated and revised a bit since the last time we reported on them. (For more on recent revisions and debates, see these discussions by the Electronic Frontier Foundation and the Hogan Lovells Firm) But despite revisions, they’re still bad deals for fans. Importantly, they don’t preserve the "safe harbors" that websites rely on to operate, and they don’t include user-generated content exceptions.
Without safeguards for user-generated content, Article 13 would require your favourite websites to implement systems that monitor user-generated content and automatically remove any content that could potentially infringe upon copyright, giving publishing giants the power to block your online expression. Sites like YouTube, Tumblr, GitHub, Soundcloud, etc., could be required to block the upload of content based on whether it has been "identified" by big corporations, rather than based on its legality. The law is still being debated, and it is difficult to predict how it would impact the OTW’s projects, including the Archive of Our Own, if it is passed. Regardless of how this vote comes out, the OTW will work as hard as we can to keep the Internet fan-friendly. But we need your help. The most effective thing you can do right now is contact your Member of European Parliament. You can use one of these tools to e-mail your MEP or call your MEP to tell them that having user-generated content on the internet is important to you.
Here’s what you can tell them: Without safe harbors for user-generated content, Article 13 of the Copyright Directive would stifle free expression on the Internet. We don’t want mandatory filtering. Algorithms don’t understand limitations and exceptions to copyright like parody, public interest exceptions, fair use, or fair dealing, and we don’t want our non-infringing videos, website posts and art blocked because of a biased algorithm created by big corporations. We want the law to protect user-generated works, not harm them.
OTW Legal will keep fighting for fan-friendly laws!