German 'Upload Filter' Law Sets Standards To Prevent Overblocking 31
AmiMoJo writes: The German Parliament has adopted new legislation that will implement the EU Copyright Directive into local law. This includes the controversial Article 17 that, according to some, would lead to overbroad upload filters. To deal with these concerns, the German law prevents 'minor' and limited use of copyrighted content from being blocked automatically. These 'presumably authorized' uploads should not be blocked automatically if they qualify for all of the selection criteria below:
1. The upload should use less than 50% of the original copyrighted work
2. The upload must use the copyrighted work in combination with other content
3. The use should be 'minor'
The term 'minor' applies to non-commercial uses of fewer than 15 seconds of video or audio, 160 characters of text, or 125 kB of graphics. If the use of a copyrighted work exceeds these 'minor' thresholds, it can still qualify as 'presumably authorized' when the uploader flags it as an exception.
1. The upload should use less than 50% of the original copyrighted work
2. The upload must use the copyrighted work in combination with other content
3. The use should be 'minor'
The term 'minor' applies to non-commercial uses of fewer than 15 seconds of video or audio, 160 characters of text, or 125 kB of graphics. If the use of a copyrighted work exceeds these 'minor' thresholds, it can still qualify as 'presumably authorized' when the uploader flags it as an exception.