Manatt’s Robert Jacobs, leader of the firm’s entertainment litigation group, spoke to the Daily Journal about the recently passed European Union’s copyright directive and its potential implications for content creators.
The Directive on Copyright in the Digital Single Market requires web platforms based in EU nations and making more than €10 million a year to remove any infringing content posted on their websites
The directive also holds platforms accountable for copyright infringement even if content has been posted by a user and taken down once noticed. EU nations are required to conform to these new standards by 2021. The directive received final approval from the European Parliament on Tuesday.
Jacobs said the act places a burden on copyright owners seeking compensation for profit made from their works unlawfully. However, he said, the act could also be beneficial to some platforms.
“The case law interpreting [the act] has been extremely beneficial to YouTube,” Jacobs said. “Obviously, this will affect YouTube’s business model, no doubt about it. But if there’s more for content creators and less value retained by YouTube, that’s a fair allocation from my perspective.”