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Copyright protection for EU citizens

Are the EU intending to ban memes, as had been claimed with the new draft copyright directive? The answer is a resounding no. It’s about as close to the truth as the now infamous myth that the EU was banning bent bananas!

Nearly 10% of the working population in the EU are employed in the arts or media. It’s a major employer and these creative people are seeing the large internet platforms like Facebook, YouTube and others using their material without paying for it.

In reality it is the EU protecting EU citizens from the abuses of major corporations!

The draft directive intends to make large internet platforms like Facebook, YouTube etc to pay creators of content such as artists, musicians, news houses and their journalists what is genuinely owed to them. Performers need more than just a stage now to make a living.

The expectation is that the draft directive will push the online platforms to finally roll out a policy to fairly remunerate all those from whose work they make their money. It is therefore entirely reasonable to introduce regulation to social media. It will not target the ordinary user.

The goal to be achieved by this Directive is not to ban memes as has been wrongly reported in order to make the EU look bad. The goal and rather boring reason but very important reason is to stop online platforms from earning money from content created by other people without fairly compensating them.

There is no requirement to have in place ‘upload filters’ which are currently already being used. If these become abused as a result of the Directive it will be the fault of the platform providers. The parody clause will protect our rights such as being able to share memes and GIFs in our typical everyday situations. The platform providers will have to put in place effective complaint procedures that we can use to complain and challenge a decision to take down a meme.

You need only go to the draft text at Article 17 (formally the infamous Article 13) paragraph 7 which requires Member States of the EU to ensure that users i.e. us can rely on the already existing exceptions and limitation originally found in an older Directive (2001/29/EC) which allows for user generated content for the purposes of for example caricature, parody or pastiche.

Nor is it about censorship! Censorship is not the goal of this legislation. Companies must pay for the material they use to make a profit from; which is entirely reasonable.

‘All this means that users will have the right to post parodies and criticize and quote from others’ content, and that platforms cannot unduly prevent this. If they do—for instance, if they overblock—they might find themselves in a position in which they are financially liable toward users for infringing their rights. In this sense, the expression “censorship machine” seems hardly to capture the essence of what is now Article 17 of the directive: Users will have rights that they could enforce against platforms that would unduly “censor” their speech.’

Is this just the EU’s reaction to Brexit?

Although this directive predates Brexit, that event and other events around the EU have highlighted the need for this directive.

The spread of misinformation did undoubtedly contribute to the UK vote to leave the EU. Had this directive been in place the result might have been different. The negative reporting (a lot of it online, like on YouTube) about the EU has been fuelled further with the controversy of this Copyright Directive. It is not perfect but when you look into the detail it is very easy to see that the EU possesses no malice intent towards us the citizens of the EU like many would like you to believe. When presented with the facts – the real news finds its way. This will protect EU citizens rather than make their life more difficult.

Further reading:

Joel Baccas can be contacted here. Images used under license from Storyblocks.

Letter from London

Dear Brothers and Sisters in Europe

When I was 14 the Maastricht Treaty was signed. At 19 the Treaty of Amsterdam. To me this meant freedom.

Just as I was coming of age I gained freedom to travel, to live, work and study anywhere in Europe. It presented a huge opportunity and I was itching to go! The future was gloriously full of people and places to explore and to discover.

When I finished school I spent my savings on an Interail ticket and travelled throughout borderless Europe. I saved money by sleeping on trains and eating the local produce from markets and street stalls as I went. I saw Paris, Rome, Prague, Athens, Venice, Copenhagen and Budapest! I met their people and I absorbed the experience into my coming of age. These were my people. This is where I belong: Europe.

The following year I started university at the London School of Economics: European Studies. I immersed myself in the history, philosophy, economics, poetry and literature of 20th century Europe, learning to understand and appreciate how we got to where we are.

I spent a year in Berlin, attending university to learn about the city and the country and their restitution as a thriving centre of European culture, economics and leadership. What struck me was how at home I felt. Berlin and London: two great world cities.

But this was Berlin ten years after the fall of the wall. Still grimy and still torn. We were coming together, learning from each other, accommodating each other and adapting to a bigger Europe with a future that promised freedom. I lived in the former west and studied in the former east. This was the promise of Europe.

Over the next two decades I worked in London, Edinburgh and Brussels; in Amsterdam, Athens and Ljubljana. I have dedicated my career to informing and teaching, guiding and supporting people to engage as citizens, especially young people who are our future. I have managed the organisation supporting citizenship education in England and worked with outreach for the European Parliament in the UK, teaching teachers and youngsters about its work. I’ve been a democracy consultant to the EU and worked to engage British citizens with European policy-making.

As a society and as a geopolitical entity we need people to take responsibility for one another and for the future of our local areas and national and global issues. Climate change effects all of us. Human trafficking and exploitation are a blight on all our lives. These are issues we need international cooperation to combat. Starting with a cooperation between our nearest neighbours puts us in a more powerful place. As citizens we have the power to influence not only a local and a national administration, but also the whole of Europe. We have strength in numbers and strength in our influence beyond our collective borders.

There have been many challenges along the way. The EU has tried to progress and advance. It has always had its opponents and its saboteurs. It has made mistakes – sometimes big mistakes: but somehow it has found a way forward. It has managed to negotiate accord between now 28 prime ministers and presidents; 28 national parliaments; 751 MEPs and the European Commission. This is no mean feat. I know because I’ve worked for the European Parliament and seen first hand how it operates. Nevertheless, the EU has persisted.

I value my European citizenship more than ever…

We stand on the eve of a valued member of this community leaving: and I value my European citizenship more than ever. I have the freedom not only of the UK, but the freedoms of the 28. My local shops are full of European produce of which my parents and grandparents could only dream. We have had peace in the countries of the European Union since 1945 and have witnessed the revival of Europe as a global power. We are a power that walks with kings and holds it head up high on the global arena with China, America and the likes of Google. This is something worth fighting for!

That’s why I believe that my country’s place is firmly in the EU. Working together and supporting each other we are strongest. I will fight to keep us in and keep us contributing. To other European citizens: please be patient with us while we try to resolve our internal problems. Our place is with the rest of the EU and I will be doing everything I can to keep us there. I am a Londoner, a Brit, a European. We are all Europeans.

With very best regards from London,

Millicent

Millicent Scott Brooks is an English and Citizenship teacher and an expert in EU affairs. She is an active campaigner for Britain to remain in the EU and has stood for the UK Parliament as a Liberal Democrat candidate. Millicent speaks English, German, French and Norwegian and lives in west London with her husband, baby daughter and Pushkin the cat.

Photo from Lycabettus in Athens (Attica, Greece) by A.Savin CC BY-SA 3.0

Photo of the Parliament’s hemicycle during a plenary session in Strasbourg by Diliff CC BY-SA 3.0

The Palace of Westminster, Big Ben and Westminster Bridge by Diliff CC BY-SA 2.5

Other photos copyright Storyblocks, used under license.

EU Citizens App

It has been argued that the EU has not been great at explaining EU citizenship to EU citizens! The last year or so has introduced new initiatives to try to rectify this and the latest of those is a Citizens App.

The app is available in 24 languages and can be downloaded from the Apple Store for iOS devices and from Google Play for Android devices.

The Citizens’ App:

gives you information on topics and locations of interest to you and updates you on their progress;
is searchable, shareable, personalisable and rankable;
informs you about events taking place near you; adds your favourites to your personal calendar; shows you the best route via your favourite maps application;
provides multimedia content such as videos, podcasts and slideshows;
lets you keep the same settings and bookmarks across all your devices.

Zoom in on the map view to find the EU involvement in the area you live… or if traveling to find EU sponsored events the region of your holiday.

Apple Store

Download the Citizens’ App and hold all the achievements of the European Union in the palm of your hand

Google Play

Download the Citizens’ App and hold all the achievements of the European Union in the palm of your hand

‘Europe is the pinnacle of human well-being’ – Barack Obama

Europe in 2019 in some ways has achieved the pinnacle of human well-being. Collectively in Europe right now, on average, you probably see the highest standards of living of any group of people in the history of the planet. Wealthier, healthier, better educated. The continent has largely been at peace for 70 years. You have unprecedented information at your fingertips. You can travel freely across borders that once were closed.

‘Europe in 2019 in some ways has achieved the pinnacle of human well-being. Collectively in Europe right now, on average, you probably see the highest standards of living of any group of people in the history of the planet. Wealthier, healthier, better educated. The continent has largely been at peace for 70 years. You have unprecedented information at your fingertips. You can travel freely across borders that once were closed. Our societies have made great strides to extend opportunity and educate our children, and care for the sick, and to pursue equality for people no matter what you look like or how you worship or who you love.‘ President Barack Obama in Berlin on 6 April 2019

Retired US President Obama, now promoting good citizenship around the world met with emerging leaders from across Europe in Berlin in Germany, on 6th April 2019 as part of what he calls ‘town hall’ meetings.

The town hall meetings reflect the Obama Foundation’s efforts to engage young leaders from around the world in a conversation about the importance of community leadership and civic engagement, consistent with the Foundation’s mission to inspire, empower, and connect people to change their world.

The Foundation has launched several civic engagement programs that support young leaders globally, including hosting roundtables, town halls, and workshops with President Obama in Germany, Indonesia, Brazil, India, Singapore, New Zealand, the Netherlands, and Hawaii to help inform the Foundation’s global programming.

The ‘town hall’ included some 300 young leaders from across the European Union who are working in areas such as government, civil society, journalism, transparency, food security, entrepreneurship, anti-discrimination, integration issues, and technology. They were drawn from public, private, and nonprofit sectors and came from a cross-section of backgrounds.

What they are doing is as varied as setting up a charity to help the elderly, helping local fishermen sell directly without middle-men, or bringing young people together in the EU to solve the problems we face.

Europe does face challenges, that is undeniable. So despite Barack Obama’s optimism ‘Europe in 2019 in some ways has achieved the pinnacle of human well-being‘, we do need to work together as citizens of the EU to face those challenges. The future is working together not as separate nations. The diversity we celebrate in Europe is our strength.

Each of these young people have inspiring stories to tell. They are EU citizens using their citizenship to benefit other EU citizens. You can read about them on the Obama Foundation website.

‘President Obama and the Foundation want to hear directly from emerging leaders from across Europe—about their aspirations, challenges, and issues of concern and opportunity,’ said Bernadette Meehan, Chief International Officer at the Obama Foundation. ‘The future of Europe lies with these young leaders, and the Foundation wants to help them advance and scale their work. We look forward to hearing how the Foundation can best support these young leaders, who already are doing inspiring work to advance positive change, hand in hand with their communities.’

EU looks out for consumers, not just big business

Some critics of the EU claim the EU only looks out for big business and therefore don’t benefit individual citizens. However, the EU’s competition law actually benefits citizens as consumers by encouraging firms to cut costs and innovate.

It is illegal under EU competition law to enter into any agreement, either written or unwritten, that is anti-competitive. The sorts of agreements this applies to are covered in Article 101 TFEU, and it essentially boils down to anything that would prevent, restrict or distort competition within the EU’s single market.

This includes, for example, price fixing, bid rigging and attempts to limit or control production, markets, technical development or investment.

By prohibiting such agreements, the EU can better tackle cartels – a very serious form of anti-competitive behaviour. In this context, a cartel is described as an informal association or arrangement between two or more firms, in which firms share confidential commercial information about their own businesses and come to some kind of agreement about how to do business in the future in a way that reduces the competition between themselves. This increases prices so they all benefit from increased profits, while on the face of it appearing to compete. That is effectively cheating us, the consumers.

Taking on the tech giants

Another bit of EU competition law, Article 102 TFEU, prohibits firms that hold a “dominant position”. This is when a firm enjoys such economic power that it can behave, to a large extent, independently of effective competition pressures from its rivals. Again, this can lead to things like charging unfair prices, limiting production or refusing to innovate – all to the detriment of consumers.

The prime example of firms like this in the 21st century are the tech giants. The EU is leading the way in challenging these corporate behemoths.

Take the example of Google, which began pursuing an anti-competitive strategy for its comparison shopping service. Its dominance in general internet searches meant Google could make sure that its own shopping service was given more prominence over competitors.

The European Commission has the power to investigate possible breaches of the law and fine companies a percentage of annual turnover. For Google, this resulted in a fine of £2.1 billion.

Making anti-competitive behaviour illegal and standing up to corporate titans shows the EU putting its citizens first.

Adapted from an article by Joel Baccas originally published on 21.02.2019 by InFacts.org. Joel Baccas can be contacted here. Photo of Google in London by Gciriani, licensed under the Creative Commons Attribution-Share Alike 4.0 International license.

Proposing change within EU

Talos is a new platform to help facilitate positive change within the European Union. This is a citzens driven initiative by a group of young people – students at University College London (UCL). Their aim is to provide an online platform through which EU citizens can propose reforms, which can lead to institutionalised change within the European Union.

In 1999 the Scottish Parliament introduced an e-petition system to allow Scots to petition their parliament online. Since then the German Budestag, the UK House of Commons and the European Parliament have all introduced similar e-petition systems.

Article 227 of the Treaty of Functioning of the European Union guarantees the fundamental right of EU citizens to petition European Parliament. The e-petition system allows us to raise awareness and request solutions to our challenges.

Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have the right to address, individually or in association with other citizens or persons, a petition to the European Parliament on a matter which comes within the Union’s fields of activity and which affects him, her or it directly.

Article 227 of TEU

However, since it’s introduction a lot has changed and Talos seeks to be a step between grass roots movements of citizens within the EU and some of the political structures of the EU.