The law requires Google and other websites with more than five million unique monthly visitors to make their “best effort” to receive authorization from the owner of copyrighted content, or take steps to keep the material from being shared on its sites altogether. European policymakers added exemptions to allow for quotations, criticism, parody and artistic interpretation.
Siada El Ramly, the director general of EDiMA, a European trade group representing companies including Google, Facebook, Amazon, Airbnb and Twitter, said the law left too much room for interpretation and would be challenged in court.
“We’re going to end up in a situation where there will be major litigation to define what the text actually means,” Ms. El Ramly said. “It will be reviewed in the years to come.”
Operators of websites have long enjoyed protection from liability when unlicensed content is posted by a user. They are required to remove infringing material once brought to their attention. That means that if someone posts a movie clip on YouTube, or shares the text of an article on Reddit, those sites are not held legally liable.
That remains the main standard in the United States. But under the new European rule, website owners will have more responsibility for what ends up on its platform, a new legal liability that could be costly for sites dependent on user-generated content.
Operators of smaller websites argued against the bill, saying only giant tech platforms would have the resources to comply with the law. Google and Facebook already use filtering technology to take down some forms of content, including pornography.
“These laws are often entrenching these big players,” said Raegan MacDonald, head of policy in the European Union for the web browser Mozilla.