A new EU Parliament legislation might accidentally kill memes

By Shira Jeczmien

Published Oct 4, 2018 at 02:18 PM

Reading time: 2 minutes

Earlier this month the European Parliament approved a number of new amendments to the highly criticised and controversial EU Copyright Directive, an extensive piece of legislation that works to tackle copyright infringement online. Thing is, it’s not exactly easy to determine what copyright means in the digital world of image hyperlinking, reposting, quoting and memes and, more importantly, who gets to profit from this culture.

Granted, some have praised the new legislation as groundbreaking for young creatives and companies as it (somewhat) shields them from Facebook, Twitter and Google profiting from the engagement of image sharing, meme culture and news sharing on their platforms. But at the same time, critics of the Copyright Directive have deemed the law as yet another step towards the death of the internet.

While the legislation is still in the works, there are two particular claws that have sent the internet into a fearful paralysis. Article 11, monikered the “hyperlink tax”, grants publishers the right to license their news articles when they are shared by other online platforms, and article 13, dubbed “the death of memes” or the “upload killer”, says that online platforms are liable for content uploaded by users that infringes copyright. The article works to protect creatives from the misuse of their online content, but might along the way kill our beloved meme culture.

From Beyoncé stuck in a desperate twerk on our Twitter feed, to young Mary Kate (or Ashley) Olsen infinitely lifting a thumbs accompanied by “you got it dude”, our meme culture, sometimes to our oblivion, is wholeheartedly reliant on the recycling of content; content that sometimes belongs to Warner Bros. and sometimes to young creatives at the beginning of their career, whose work is not properly protected from copyright breach. Disney can and will sue the misuse of its images, but the same cannot be said for a small business. And while the vitality of reposts, shares and the inevitable meme at times fall under the category of ‘good exposure’, they certainly do not yield costs per click. The hyperlink tax equally falls under a similar argument—content shared from smaller media companies is indeed a good driver of traffic, but producing revenue from hyperlinks and shares could support emerging media platforms who struggle to monetise on content.

In many regards, as meme enthusiasts mourn the beginning of the end, if done right, this piece of legislation could birth a new era for young creatives where their online work is better protected. The Society of Authors wrote in an open letter posted on August 30 that the “Copyright Directive seeks to modernise copyright for the digital age.” The letter outlines a number of positive outcomes, including, perhaps most importantly, “A transparency obligation, which would force publishers to be more transparent when reporting information to authors related to accounting and the exploitation of their works.”

Now this is not to say that criticism of the legislation is not valid. In an interview with The Verge, Julia Reda, MEP for the Pirate Party and one of the law’s leading critics, said that there are countless faults in the seemingly protective law. “The first is that exceptions or limitations to copyright on a European level different from country to country, and a lot of countries do not have exceptions for memes, for example. The second problem is that even where memes are legal, upload filters would not be capable of distinguishing between them and infringing material.”

How the bill develops is yet to be confirmed, for the time being however the pros and cons of it are in a tight battle—only time will tell whether the bill promises much of the same, where dominant platforms continue to tighten their grip over vast amounts of the web, or maybe, if it could shine a bright light for young creatives.

Keep On Reading

By Charlie Sawyer

Who are Marvel actor Jonathan Majors’ girlfriend and ex-girlfriend, Meagan Good and Grace Jabbari?

By Charlie Sawyer

Are UK-based citizens actually going to be forced into mandatory conscription?

By Abby Amoakuh

Abbott Elementary star Janelle James comes under fire for jokes about son’s genitals

By Fatou Ferraro Mboup

One Tree Hill star Bethany Joy Lenz speaks out about her 10 years in a cult

By Abby Amoakuh

The murder of a 22-year-old nursing student in Athens Georgia could decide the US presidential elections

By Charlie Sawyer

Ghislaine Maxwell breaks silence on newly unsealed Jeffrey Epstein court documents

By Robyn Quick

Bottoms: How queer cinema has gone from tragedy porn to teehee jokes

By Charlie Sawyer

How to take your landlord to court: Find out what you can sue them for and the potential risks

By Fatou Ferraro Mboup

Gen Z on TikTok are quitting vaping in solidarity with Congo

By Fatou Ferraro Mboup

Latest femicide in Italy sparks protests following reports of 102 women killed in 2023

By Abby Amoakuh

Who is Courtney Clenney, the OnlyFans model accused of stabbing her boyfriend to death?

By Abby Amoakuh

Beyoncé just dropped the trailer for the Renaissance World Tour concert film. Watch it here

By Fatou Ferraro Mboup

Spanish woman to become first person ever to marry AI hologram

By Bianca Borissova

How stan culture is turning manic pixie dream boy Timothée Chalamet’s fans into misogynistic haters

By Fatou Ferraro Mboup

Inside Johnny Depp’s bizarre new bromance with Saudi Crown Prince MBS

By Charlie Sawyer

Ron DeSantis’ administration links pro-Palestine student group to terrorism and bans it from campus

By Louis Shankar

The TV finales that saved 2023, and the ones that royally ruined it

By Abby Amoakuh

Europe still sterilises disabled women despite the practice being a human rights violation

By Fatou Ferraro Mboup

UK museum reclassifies Roman Emperor Elagabalus as a transgender woman

By Fatou Ferraro Mboup

Husband sues tech company after wife burned and killed by surgical robot