The European Parliament’s decision not to immediately pass the new EU Copyright Directive in July was seen by many as a major setback. It was defeated by 318 to 278, a margin of 40 votes. This means the proposed legislation now moves forward to a full plenary debate and vote next Wednesday 12 September.
As the music industry faces this pivotal moment, it is worth reflecting how we got here and what we are now facing.
The creative industries as a whole have long argued that embryonic digital legislation passed in the mid 1990s is outdated and simply not fit for purpose. The legislative process is slow at the best of times. Meanwhile, the tech industry “moved fast and broke things,” incurring the wrath of creators whose livelihoods have been upended as a result.
The publication of the draft EU Copyright Directive in late 2016 was an achievement in itself. Not only did the draft legislation address copyright protection and safe harbour loopholes, it also contained provisions concerning fairness and transparency towards creators. Following further debate and lobbying, is even more of an achievement that the key elements of the draft directive remain mostly intact.
The Directive has not been without it’s critics, as is the case with any proposed legislation. Academics, libraries and dignitaries such as Sir Tim Berners-Lee have all put forth concerns. We in the music industry can acknowledge some concerns as understandable even if we believe they are unfounded.
What is not understandable are the thoroughly vile and dishonest tactics deployed during the course of this year, whose objective is to stop the legislation in its tracks at any cost. The scale of this activity reads like set pieces straight out of the Cambridge Analytica playbook.
Some in the music industry have questioned how we fight back given the vast funding involved and the sheer scale of this enterprise. But fight back we must and the actions of those we face only serve to give us greater strength.
As any Jiu-Jitsu grandmaster will tell you: use your opponents’ force against them. In this case, we should call out the deceitful actions from within the tech sector and elsewhere and those actions speak louder than any words.
The Financial Times reported some MEPs received death threats
MEPs were each bombarded with over 60,000 emails from bots
These emails contained identical content according to The Trichordist
The same blog named the domain name from which a large number of these emails originated and its link to a US Inc. entity.
The same tactics have been found on Twitter: multiple bot accounts promoting #SaveOurInternet and similar hashtags
This contrasts to real world protests that only drew a few hundred protestors combined across Europe. The bots did not show up.
These actions must also be viewed against the current backdrop where tech firms have been scrutinised for avoiding responsibility concerning:
Blatantly dishonest content
Content that incites hatred and violence
Little accountability in how such content is disseminated
Minimal transparency in how user data is abused in facilitating all this
Mark Zuckerberg and Jack Dorsey are amongst those tech executives rebuked by lawmakers on both sides of the Atlantic, for failing to take responsibility and failing to act in managing their own platforms. This is reflective of a broader failure that lies at the heart of a misguided and libertarian ideal, that somehow tech firms are exempt from laws and rules that govern the rest of the world.
The music industry and broader creative and media industries are made up of real people, filled with passion and blood pumping through their veins. They compose their own emails, speak to politicians and show up in person.
At the UK Music organized #LoveMusic busking event in London earlier today, artists, executives and even politicians turned out in support. Artists such as Brett Anderson, Ed Harcourt, Dave Rowntree, Madeleina Kay, Newton Faulkner and BASCA Chair Crispin Hunt. In addition a number of cross party British MPs who support the directive including Tom Watson, Nigel Evans and Kevin Brennan were amongst those in attendance.
One has to ask, if those opposing the EU Copyright Directive have such a compelling argument, why do they resort to such deceitful means? If we judge their actions, the arguments of those opposed to the directive hold no legitimacy and the European Parliament should vote in favour of the directive.
Andy Edwards, music manager and consultant