I’m in favor of Article 13

There’s a very neat trick when it comes to obscuring discourse: conflating unrelated-yet-confusingly-similar issues to make them seem bigger than they really are, and to steal support from otherwise-legitimate causes.

This is an ongoing example (link):

Hillary Clinton is facing backlash for arguing that European leaders should try to assuage the concerns of a growing right-wing populism across the continent by refusing to offer “refuge and support” to migrants.

… politicians expressed shock and concern with Clinton’s comments, which some said appeared to contradict her 2016 campaign position on welcoming immigrants and refugees.

Eliza Relman, Business Insider US

Immigrants and refugees.

There’s a world of difference between the two. Personally, I’m in favor of more open borders and a greater flow of immigrants: people who explicitly and voluntarily decide how and where they want to live, and are prepared to put in the work to contribute positively and assimilate into the culture are all right in my book.

Refugees are very different. They’re not moving by choice, but by necessity. Being coerced out of the land they chose to live in means they’ll hang on to their culture and traditions (as they should, by their own volition).

When this issue is reported though, immigrants and refugees are routinely conflated, to the point where they’re treated as synonyms for eachother – when they clearly are not. So now, even though I completely support as much voluntary, legal immigration as countries can bear, I’m also expected to support the unmitigated flow of refugees to systems that cannot integrate them at all.

I feel the exact same thing happening with this Article 13 issue.

At its core, the EU leans in favor of human rights. The regulations handed down are more often for the protection of citizens than not – GDPR being a stellar recent example.

Article 13 protects rightsholders by preventing unauthorized use of their work. The initial draft of the bill proposed some truly terrible mitigations (requiring automated content filtering on all uploads to catch violations), but the final bill has watered that down quite a lot.

When Article 13 is reported on though, it’s usually with a message like this:

the EU’s new copyright directive have stoked fears that memes will effectively be banned

platforms will have to pay a fee to share a link to a news article and have to start filtering and removing memes.

they will arbitrarily remove content based on their terms and conditions. As a result, many creators will see their content get blocked

Only platforms with deep pockets will be able to comply with the Article 13 requirements

It’s all horseshit, reasoned from a faulty premise that legitimizes theft under the banner of “user-generated content”. The internet that anti-Article 13 activists are fighting to protect was largely built on wide-scale infringement, with the inability to enforce existing laws taken as tacit permission to break them all.

But every wild west is eventually tamed, and the internet is long overdue for this. The truth (especially in Facebook and YouTube’s case) is that copyright-infringed content has been the biggest driver of their success. While they’ll fight Article 13 and sell it as the platforms “standing up for the creators” (and we’ll come back to “creators”), in reality they desperately need the freely-generated content to keep flowing – that’s all that keeps eyeballs on the site, and ad dollars flowing.

As platforms, between DMCA, Fair Use and Safe Harbor, they effectively have a license to print money (or in this case, monetizable attention). They can provide platforms that permit millions of people to violate copyright, then simply take their time to remove infringing content, while never having to compensate the victim.

While they claim to be acting in the best interests of “creators”, they’ve managed to come up with a very narrow, self-serving definition of “creator”: anyone who uploads anything. Truly independent creators are suffering the most under the current regime, illustrated beautifully by Kurzgesagt:

It’s that “immigrants and refugees” trickery all over again: conflating the independent artists who put their backs into creating original content, with the vampires who cut and re-share it without attribution (or fair compensation) to build their own profiles. To the platforms, these are both considered “creators”, which is why this statement from YouTube’s CEO should come as no surprise:

Article 13 as written threatens to shut down the ability of millions of people — from creators like you to everyday users — to upload content to platforms like YouTube. And it threatens to block users in the EU from viewing content that is already live on the channels of creators everywhere. This includes YouTube’s incredible video library of educational content, such as language classes, physics tutorials and other how-to’s.

Susan Wojcicki

(I wonder if Susan’s “educational content” includes these horror shows aimed at young children.)

There’s a whole lot of very subtle trickery in that paragraph. For one, and this is probably the most important point in the whole debacle:

People are rightsholders too.

Most of the criticism about Article 13 sets up this dystopian scenario where a few large companies (Disney, FOX, etc) will end up being the only ones who can publish anything, since Article 13 protects copyright and copyright is evil.

Except, it’s not. In most common-law countries, copyright is actually very simple: You make it, you own it. And if you own it, you should have some say in how it gets used – including permitting people to use your stuff for free, which is what Creative Commons is all about.

Copyright is only evil in a world where you can’t create new things, and the reality here is that a lot of this outrage is coming from people who have built businesses, careers and social standing off the work of others. They’re the ones with the most to lose if laws like Article 13 pass, which is why “copyright” is routinely cast as this benefit that only applies to large companies with expensive lawyers. 

Copyright is a thing we’ve had since 1886, ratified at the Berne Convention and adopted by pretty much every country on Earth. 

You could go (right now) and outline a story about a high school for wizards. Apply some creativity, take on a new angle, mix in your own experiences, draw from a large array of influences and produce something unique – and by default, you’ll have the copyright on it.

That’s creation. That’s what authorship is supposed to look like. Taking a three-second clip from a movie and dubbing a different voice over it is, at best, imitation.

But it’s that imitation that’s now being heralded as “creation”, defended by companies that desperately need large volumes of content to monetize but cannot (or will not) invest in producing it themselves.

Of course, there are more arguments against Article 13, for instance:

Only large companies will be able to afford compliance! Only big platforms like Facebook and YouTube could possibly do this!

Garbage. Setting up your own website comes with a cost of $free, and you have full control over what goes up on there. The only reason these large companies are the “only ones who can afford compliance” is that their business model depends on large-scale, unmonitored, unchecked user-generated content that can be monetized – with bonus points for presenting all of that as a defense of free speech.

This will kill creativity! Nobody will be able to make anything new! Copyrights prevent people from experimenting!

More garbage. The thing about copyright (other than it being a basic human right, globally enforced and freely available) is that the rightsholder can do whatever they want with the rights, including making it available for adaptation.

It’s as if everyone’s taken crazy pills and forgotten that CC-BY-SA exists.

Even in a world where that experimentation/remixing/adaptation is universally good for business, rightsholders (everyone from Disney to neighbour Dorothy) should have some say over how their work is used. If they decide to prevent remixes, that’s their business. Everyone that takes a more relaxed approach will benefit, and the free market will sort itself out.

Ultimately, that’s why I’m in favor of legislation that tries to protect rightsholders from unauthorized use of their work, while still giving them the option of making their work available for adaptation and re-use: Because people are rightsholders too.