An update on the proposed EU copyright reform.

The European Union is working on reforming the Copyright Directive. One of the biggest issues with the EU’s new copyright reform proposal is Article 13, which stipulates that websites that host user-generated content (anything from videos to online comments) must have an “upload filter” that would block all copyrighted content uploaded by users.

Under the proposal, companies would be required to obtain a license for any copyrighted content uploaded to their sites by their users. In other words, websites would be liable for any content that their users upload to the site.

Some argue that filters would be unable to recognize "legitimate uses" of copyrighted content, even if they were 100% effective at determining whether or not a piece of content is copyrighted. This category includes parodies and quotations, which typically refer to lawful uses permitted under copyright law.

It is therefore disputed whether the use of filters is lawful in and of itself or whether it violates the fundamental rights to privacy, freedom of expression, freedom of information, and the freedom to conduct a business.

Another point of contention is the so-called “link tax” proposal in Article 11 of the Copyright Reform Directive—an idea that is not only seemingly problematic but has also failed in countries like Spain and Germany, where it has already been tried. Instead of forcing companies like Google or other publishers to pay for links, or excerpts from articles and previews, these companies simply stopped linking to content from Germany and Spain.

Critics believe that a link tax would significantly reduce the number of hyperlinks we see on the web, meaning that websites would be much less interconnected.

These two articles appear to be the most controversial at this stage, and critics believe the directive could have a negative impact on non-European companies operating in the EU.