Dutch Law Proposes a Wholesale Jettisoning of Human Rights Considerations in Copyright Enforcement – Rigged Game


The Dutch Parliament has landed in an untenable legislative cul-de-sac with its version of the Copyright Directive.

By Cory Doctorov and cross-posted from Electronic Frontier Foundation.

With the passage of last year’s Copyright Directive, the EU demanded that member states pass laws that reduce copyright infringement by internet users while also requiring that they safeguard the fundamental rights of users (such as the right to free expression) and also the limitations to copyright. These safeguards must include protections for the new EU-wide exemption for commentary and criticism. Meanwhile states are also required to uphold the GDPR, which safeguards users against mass, indiscriminate surveillance, while somehow monitoring everything every user posts to decide whether it infringes copyright.

Serving these goals means that when EU member states … will have to decide to give more weight to some parts of the Directive, and that courts would have to figure out…

… First came France’s disastrous proposal, which “balanced” … by simply ignoring those public rights.

Now, the Dutch Parliament has landed…, proposing a Made-in-Holland version of the Copyright Directive that omits:

  • Legally sufficient protections for users unjustly censored due to false accusations of copyright infringement;
  • Legally sufficient protection for users whose work makes use of the mandatory, statutory exemptions for parody and criticism;
  • A ban on “general monitoring”— that is, continuous, mass surveillance;
  • Legally sufficient protection for “legitimate uses” of copyright works.