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IP Pro: Silencing the Guns—An End to the European War over Copyright Reform?

May 17, 2019

The European Council has just adopted the EU Copyright Directive after years of debate. Under the new law, companies will be required to ensure that any content posted on their sites does not infringe copyright laws. Data security special counsel Scott Pink addressed whether the United States could adopt a similar measure.

Pink said he was unsure that a system for requiring a company to ensure that any content posted by any user to the platform has sufficient copyright protection is workable. And, doing so would be challenging since the US has a broad fair use doctrine and a “rigorous recognition of First Amendment rights.”

If there were a strong reason to protect right holder’s interests, then the directive would have to look more like a mandatory licensing scheme, which “would be easier to implement and comply with,” Pink said.

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