The transposition into Spanish legislation of the questioned Directive on Copyright and Related Rights in the Digital Single Market is late. Despite the fears that the reform of the Intellectual Property Law would be carried out by royal decree to reach the adoption deadline on Monday, June 7, it has not happened. The so-called Uribes law has not arrived, although it has what the Government said to wait to carry out the transposition.
Minister Rodríguez Uribes assured on May 31 that before bringing to the Council of Ministers the reform of this fundamental rule for the internet, among other areas, a meeting with Breton should first take place. The reason? Receive instructions on adapting the copyright directive.
The guidelines published today are what the Government of Spain expected to carry out the transposition of the European directive on copyright in the so-called Uribes law
A guide that specifically addresses the application of Article 17 and has arrived this Friday after months of waiting with content that you do not like to the detractors of the most damaging aspects of this rule. "It is not good", has tweeted Julia Reda, researcher and former MEP of the European Parliament for the Pirate Party of Germany.
How to request the FNMT DIGITAL CERTIFICATE of NATURAL PERSON
"Allows rights holders to override user rights"
Reda, known for her activism and belligerence in the defense of the rights of Internet users, has not been satisfied at all about the guidelines published by the European Commission to guide countries in the application of Article 17, former Article 13, of the 2019/790 directive, and fundamentally repairs in one point: the guarantees against the blocking of legal content by the platforms.
The guide requires member states to implement safeguards against blocking legal content on the internet, yes, but allows rights holders to override the rights of users whenever they fear significant financial damage:
"By providing relevant and necessary information to service providers, rights holders can choose to identify specific content protected by copyright and related rights, the unauthorized availability of which online could cause them significant financial harm. Prior designation of said content by the rights holders may be a factor to take into account when evaluating whether the online content exchange service providers have done everything possible to guarantee the unavailability of these specific content and whether they have done so. done respecting the guarantees for the legitimate uses provided for in section 7 of article 17, as explained in part VI below "
The researcher believes that the document reads "as if the entertainment industry had reviewed the draft with a red pen." And the guide does not see much tour.
Reda considers that the only significant guidance on the transposition of the directive and, in particular, of its article 17, will come from the Court of Justice of the European Union because by adding the mechanism that allows right holders to mark their contents at the last minute, "the Commission has not only undermined the principle on which the initial guidance was based, but has also invalidated its own position on the pending matter C-401/19 of the CJEU on the fulfillment of the fundamental rights of art. 17 ".
It remains to be seen how Spain proceeds from the publication of these guidelines. For now, the Government is not alone in terms of non-transposition of the directive: only the Netherlands and Hungary have completed the transposition, while the rest of the countries are at different stages of the process.