YouTube Creator Blog: The Potential Unintended Consequences of Article 13

["Dave Farber" <farber () gmail com>]

> https://youtube-creators.googleblog.com/2018/11/i-support-goals-of-article-13-i-also.html 
> <https://youtube-creators.googleblog.com/2018/11/i-support-goals-of-article-13-i-also.html>
>
> The Potential Unintended Consequences of Article 13
>
> This op-ed originally appeared in the Financial Times 
> <https://www.ft.com/content/266e6c2a-e42e-11e8-a8a0-99b2e340ffeb>.
> Creativity has long been a guiding force in my life, which is why I jumped at the opportunity to be YouTube’s chief 
> executive nearly five years ago.
>
>
>
> Creators have used YouTube to share their voices, inspire their fans, and build their livelihoods. Kurzgesagt — In a 
> Nutshell <https://www.youtube.com/channel/UCsXVk37bltHxD1rDPwtNM8Q> recently became the number one channel in Germany 
> by creating videos that help others fall in love with science. Artists like Dua Lipa and Ed Sheeran reached fans on 
> YouTube long before they were discovered by a label. And acclaimed musicians like Elton John have used our site to 
> breathe new life into iconic songs. 
>
>
>
> We have worked hard to ensure creators and artists are fairly compensated for their work. In the last year, YouTube 
> paid content owners across the EU €800m. We have also paid the global music industry more than €1.5bn from 
> advert-generated revenue alone. 
>
>
>
> However, this creator economy is under threat from a section of the EU’s efforts to revise its copyright directive, 
> known as article 13 <https://www.ft.com/content/0675de12-b4fe-11e8-bbc3-ccd7de085ffe>, which holds internet companies 
> directly responsible for any copyright infringement in the content shared on their platform. 
>
>
>
> While we support the goals of article 13, the European Parliament’s current proposal will create unintended 
> consequences that will have a profound impact on the livelihoods of hundreds of thousands of people. 
>
>
>
> The parliament’s approach is unrealistic in many cases because copyright owners often disagree over who owns what 
> rights. If the owners cannot agree, it is impossible to expect the open platforms that host this content to make the 
> correct rights decisions. 
>
>
>
> Take the global music hit “Despacito <https://www.youtube.com/watch?v=kJQP7kiw5Fk>”. This video contains multiple 
> copyrights, ranging from sound recording to publishing rights. Although YouTube has agreements with multiple entities 
> to license and pay for the video, some of the rights holders remain unknown. That uncertainty means we might have to 
> block videos like this to avoid liability under article 13. Multiply that risk with the scale of YouTube, where more 
> than 400 hours of video are uploaded every minute, and the potential liabilities could be so large that no company 
> could take on such a financial risk. 
>
>
>
> We have already taken steps to address copyright infringement by developing technology, like our Content ID 
> programme, to help rights holders manage their copyrights and earn money automatically. More than 98 per cent of 
> copyright management on YouTube takes place through Content ID. To date, we have used the system to pay rights 
> holders more than €2.5bn for third party use of their content. We believe Content ID provides the best solution for 
> managing rights on a global scale. 
>
>
>
> The consequences of article 13 go beyond financial losses. EU residents are at risk of being cut off from videos 
> that, in just the last month, they viewed more than 90bn times. Those videos come from around the world, including 
> more than 35m EU channels, and they include language classes and science tutorials as well as music videos. 
>
>
>
> We welcome the chance to work with policymakers and the industry to develop a solution within article 13 that 
> protects rights holders while also allowing the creative economy to thrive. This could include more comprehensive 
> licensing agreements, collaboration with rights holders to identify who owns what, and smart rights management 
> technology, similar to Content ID. 
>
>
>
> Platforms that follow these rules, and make a good effort to help rights holders identify their content, shouldn’t be 
> held directly liable for every single piece of content that a user uploads. We ask policymakers to find a solution 
> that protects rights holders and creators alike, and listen to the growing number of EU voices, including some member 
> countries, who agree there’s a better way forward.
>
>
>
> Susan Wojcicki, CEO of YouTube



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