What’s Going On at YouTube? A Closer Look at the EU’s Article 13

What's Going On at YouTube? A Closer Look at the EU's Article 13
Date 27.11.2018
Temps de lecture 3 min
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What's going on at YouTube? A closer look at Article 13

The digital world is at a turning point. European lawmakers are finalizing Article 13, a copyright provision meant to protect rights holders. YouTube says it supports that goal, but not the latest version of the text, which it says would force the video giant to block a large amount of content, both new uploads and videos already online.

The rule only applies in the European Union, but it matters well beyond Europe. Any U.S. creator, brand, or business whose videos reach European audiences on YouTube, Facebook, or Instagram could see that content blocked there.

What Is Article 13?

The European Union has drafted new copyright legislation.

Article 13 is part of that proposal. It was designed to protect copyright holders’ content online. YouTube is unhappy with the current version because, if it took effect as written, the platform could no longer rely on its existing copyright system, Content ID.

YouTube and other platforms at risk, such as Facebook, Instagram, Dailymotion, SoundCloud, Reddit, and Snapchat, would be held directly liable for any copyright infringement at the moment content is uploaded. They would therefore have to block large amounts of content, even content that was uploaded long ago.

That content would become unavailable to users in the European Union. The situation is all the more difficult given how complex copyright ownership can be.

Many types of content are at risk, including videos, photos, illustrations, software, book excerpts, music, parodies, fan covers, mashups, music videos, and more.

This is a very different approach from the one in the United States, where platforms that respond promptly to takedown notices under the Digital Millennium Copyright Act (DMCA) are generally shielded from liability for what their users upload.

How Is Content ID Different From Article 13?

Content ID is a tool that lets copyright holders identify the content they own. They’re supposed to label their content clearly but, very often, that information is missing or incomplete. So at this point, no tool can reliably identify every rights holder and, therefore, prevent all infringing content from being published.

If Article 13 takes effect in its current form, YouTube and other platforms will be forced to block all content with incomplete or missing copyright information.

If YouTube kept accepting uploads that lack copyright information, the legal risk would be too high. It would have to remove millions of videos, old and new alike. The content available in the European Union would become very limited.

Can Article 13 Still Be Changed?

Yes, and that’s why YouTube, along with many individuals and companies, is campaigning to raise awareness among internet users in the European Union, and beyond.

Where Things Stand in 2026

The final text was adopted in April 2019 as part of the EU Directive on Copyright in the Digital Single Market, where Article 13 became Article 17. EU member states had until June 7, 2021, to write it into their national laws. In the United States, the DMCA’s notice-and-takedown system still applies. EU rules have kept reshaping the big platforms since then, from Meta’s 2022 threat to leave Europe to Google review changes in Europe in 2024.

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