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Prof. Pamela Samuelson discusses Copyright Directive: “Article 13 is doomed to failure”


14 November 2018

In an interview with CopyBuzz, Prof. Pamela Samuelson has discussed her views on the proposed Copyright Directive. Of article 13, Prof. Samuelson expresses particular concern over the ability of internet platforms to accurately identify and remove infringing content, noting that current practices are  flawed (per the Urban, Karaganis and Schofield study). Also speaking on the topic of text and data mining (as detailed in article 3 of the Directive), she notes how the new provisions are likely to cause an increase in tech companies moving away from Europe to countries where explicit text and data mining exceptions exist, such as the US or Japan (a result which she described as the EU “shooting itself in the head”). More generally, she cautions that if the EU adopts the new provisions of the Copyright Directive, other countries will likely follow in similar directions (e.g. by abolishing safe harbours) creating a new global standard.