Brigham Young University Prelaw Review


EU, European Union, Copyright, Directive, Article 13, DMCA


The European Union’s proposal for a directive on copyright is bound to change the way the internet functions. Opinions on the proposal are polarized, but compromise is possible. This article argues that there are flaws with the proposal, including that it includes no exceptions for collaboration sites and tools. Another problem with the directive is that it is ambiguous about whether member countries should require certain types of filters or penalize sites when copyrighted material is found on their servers. These flaws can be resolved by adapting successful strategies from established copyright law like the DMCA and by designing exceptions that are applicable based on the types and sizes of files, the number of users that can access files, and situations where filters are replaced by post-upload auditing. Copyright law should not call directly for upload filters unless there are clearly outlined exceptions that allow collaboration through media-storing websites.

Included in

Law Commons