Those are noble credentials. I have no doubt that they believe that the Article’s goals are good for them, but the BCC has no implementation expertise. This is where Article 13’s critics say it will fail.
Many organizations who are in a position to know say it will not.
Patreon has come out against it. Why do you think that is, when they are so clearly an organization that depends on the success of small creators?
Creative Commons (an organization that knows a thing or two about digital rights for small creators) has come out against it. They point out that while the Article 13 allows for parody and fair use, the automated enforcement systems that will arise will not be able to recognize fair use or parody.
So, some specific questions. Let’s say it’s 2023, and Article 13 is in full effect.
You, @joumana - you have the right to have your copyrighted content protected by Article 13. All you have to do is create frame-by-frame hashes of your videos and artworks at different resolutions.
- Will you do this yourself? How?
- If not, who do you think will do this for you?
- How much are you willing to pay to have this done?
- Do you think most small creators will be doing this?
Once you have that database, now all you need to do is to get Facebook and YouTube to ingest them. How will you do this? If they only cave to the pressure of the largest rights-holding groups (e.g. the MPAA, ANGOA), how have small creators benefited?
If Facebook just decides to skip ingesting rights databases and instead just gets a blanket copyright license with large license holders (e.g. the MPAA or its equivalent), how does that benefiit small creators? Do you have a mechanism for getting money from the MPAA?
More personally, automated content tracking software is my day job. I can tell you that weeding out false positives from a large, rapidly expanding database costs millions of dollars. Nobody will do this work unless it benefits them financially.
Since there are no provisions in Article 13 to punish claiming other people’s copyrights, how does this benefit small creators?
As I said earlier, this isn’t theoretical, this is exactly what happened with the DMCA in the US.