EU인터넷저작권법(지침)에 대한 고찰

The European Parliament has given final approval to the Copyright Directive, a controversial package of legislation designed to update copyright law in Europe for the internet age. The new EU copyright directive was adopted on March 2019 by European Parliament and approved by European Council later. This marks the end of the legislative process which was first proposed by the European Commission in 2016. If the member states accept the text adopted by the European Parliament, it will take effect after publication in the official journal and then member states will have 2 years to implement it. Currently, internet platform companies have little incentive to sign up on fair licensing agreements with rights holders, because they are not considered liable for the contents that their users upload. They are only obliged to remove infringing contents when a rights holder asks them to do so. This is cumbersome for copyrights holders and does not guarantee them a fair revenue. Making internet platform companies liable will enhance rights holders’ chances (notably musicians, performers and script authors, as well as news publishers and journalists) to secure fair licensing agreements, thereby obtaining fairer remuneration for the use of their works exploited digitally. The EU internet copyright directive is designed to help rebalance the relationship between internet platforms and creative industries by giving fairer payment to copyright-holders such as musicians and publishers and forcing platforms companies to take down copyrighted material. In other words, it aims to ensure that the longstanding rights and obligations of copyright law also apply to the internet. Therefore, tech giants like Google, Facebook and YouTube will have to take out licenses with musicians, performers and script authors, as well as news publishers, for the use of their works on internet platforms, according to Article 17 of Directive. At the same time, internet platforms will also have to scan and filter audiovisual content to make sure it does not breach the copyright law, by the Article 17 of Directive. The adopted text also contains numerous provisions that will guarantee that the internet remains a space for free expression. These provisions were not in themselves necessary, because the directive will not be creating any new rights for rights holders. This is a directive which protects people’s living, safeguards democracy by defending a diverse media landscape, entrenches freedom of expression, and encourages start-ups and technological development. Internet Directive also helps make the internet ready for the future, a space which benefits everyone, not only a powerful few.